1.1.................... moves to amend the delete everything amendment (A10-2517) to
1.2H.F. No. 2431 as follows:
1.3Page 11, after line 2, insert:

1.4    "Sec. 2. Minnesota Statutes 2009 Supplement, section 120B.02, is amended to read:
1.5120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
1.6STUDENTS.
1.7(a) The legislature is committed to establishing rigorous academic standards for
1.8Minnesota's public school students. To that end, the commissioner shall adopt in rule
1.9statewide academic standards. The commissioner shall not prescribe in rule or otherwise
1.10the delivery system, classroom assessments, or form of instruction that school sites must
1.11use. For purposes of this chapter, a school site is a separate facility, or a separate program
1.12within a facility that a local school board recognizes as a school site for funding purposes.
1.13(b) All commissioner actions regarding the rule must be premised on the following:
1.14(1) the rule is intended to raise academic expectations for students, teachers, and
1.15schools;
1.16(2) any state action regarding the rule must evidence consideration of school district
1.17autonomy; and
1.18(3) the Department of Education, with the assistance of school districts, must make
1.19available information about all state initiatives related to the rule to students and parents,
1.20teachers, and the general public in a timely format that is appropriate, comprehensive, and
1.21readily understandable.
1.22(c) When fully implemented, the requirements for high school graduation in
1.23Minnesota must require students to satisfactorily complete, as determined by the school
1.24district, the course credit requirements under section 120B.024, all state academic
1.25standards or local academic standards where state standards do not apply, and successfully
1.26pass graduation examinations as required under section 120B.30.
2.1(d) The commissioner shall periodically review and report on the state's assessment
2.2process.
2.3(e) School districts are not required to adopt specific provisions of the federal
2.4School-to-Work programs.
2.5(f) The commissioner of education and the chairs of the house of representatives
2.6and senate committees having jurisdiction over kindergarten through grade 12 education
2.7shall have the authority to provisionally approve for adoption the kindergarten through
2.8grade 12 standards developed by the common core state standards initiative supplemented
2.9with up to 15 percent additional standards recommended by the commissioner. Following
2.10such provisional approval for adoption, the supplemented kindergarten through grade 12
2.11common core standards shall be adopted by rule in accordance with this section and
2.12sections 120B.021 and 120B.023 on or before December 31, 2010, using an expedited
2.13process in accordance with section 14.389."
2.14Page 22, line 28, strike "successfully complete" and insert "pass"
2.15Page 22, line 29, strike "initial teacher"
2.16Page 22, line 30, strike "licensure" and insert "entrance into a board-approved
2.17teacher preparation program"
2.18Page 22, line 31, strike "provide" and insert "offer"
2.19Page 22, line 33, after the period, insert "Persons needing remedial assistance must
2.20be successfully remediated prior to entrance into a board-approved teacher preparation
2.21program."
2.22Page 23, line 17, strike "successfully complete" and insert "pass"
2.23Page 24, after line 36, insert:

2.24    "Sec. 14. Minnesota Statutes 2008, section 122A.14, is amended by adding a
2.25subdivision to read:
2.26    Subd. 10. Rules incorporating national standards. The Board of School
2.27Administrators must engage in rulemaking to incorporate national standards into the
2.28licensing standards for principals. The rules must address national standards for effective
2.29school leadership.

2.30    Sec. 15. Minnesota Statutes 2008, section 122A.14, is amended by adding a
2.31subdivision to read:
2.32    Subd. 11. Tiered licensure. (a) The Board of School Administrators shall establish
2.33requirements for issuance of initial, standard, and master principal licenses. Requirements
2.34for earning each differentiated license must be based, at a minimum, on principal
2.35performance as measured by section 122A.411.
3.1(b) "Initial principal license" means a license granted after successfully completing
3.2the requirements for licensure as set forth by the Board of School Administrators. An
3.3initial license must be issued prior to the issuance of a standard license and cannot be
3.4issued for a duration of less than three years.
3.5(c) "Standard principal license" means a license obtained after successfully being
3.6employed for at least three years in the area of initial licensure, completing an induction
3.7program, and achieving the minimum expectation for principal performance as measured
3.8by section 122A.411.
3.9(d) "Master principal license" means a license obtained after having met the
3.10requirements for a standard license, meeting the definition of "highly effective" under
3.11section 122A.411, and demonstrating instructional leadership at the local, state, or national
3.12level according to the criteria established by the Board of School Administrators."
3.13Page 26, line 33, strike "provide" and insert "offer"
3.14Page 27, line 1, strike "provide" and insert "offer"
3.15Page 28, line 11, delete "at least one online course" and insert "one course designed
3.16to teach online pedagogy and at least one content course delivered online"
3.17Page 28, after line 11, insert:

3.18    "Sec. 19. Minnesota Statutes 2008, section 122A.18, is amended by adding a
3.19subdivision to read:
3.20    Subd. 10. Tiered licensure. (a) The Board of Teaching shall establish requirements
3.21for issuance of initial licenses, standard licenses, and master teacher licenses.
3.22Requirements for earning each differentiated license must be based at a minimum on
3.23teacher performance as measured by section 122A.411.
3.24(b) "Initial teacher license" means a license granted after successfully completing
3.25the requirements for licensure as set forth by the Board of Teaching. An initial license
3.26must be issued prior to the issuance of a standard license and cannot be issued for a
3.27duration of less than three years.
3.28(c) "Standard teacher license" means a license obtained after successfully being
3.29employed for at least three years in the area of initial licensure, completing an induction
3.30program and the probationary period requirements set forth in section 122A.40,
3.31subdivision 5, or 122A.41, subdivision 2, achieving the minimum expectations for teacher
3.32performance as measured by section 122A.411, and completing continuous improvement
3.33including reflective practice under this section.
3.34(d) "Master teacher license" means having met the requirements for a standard
3.35license, meeting the definition of "highly effective" under section 122A.411, and either
3.36be certified by the National Board for Professional Teaching Standards or demonstrate
4.1instructional leadership at the local level according to Board of Teaching established
4.2criteria. Licensed teachers who hold current certification from the National Board for
4.3Professional Teaching Standards shall be granted a master teacher license."
4.4Page 31, after line 23, insert:

4.5    "Sec. 22. Minnesota Statutes 2008, section 122A.40, subdivision 2, is amended to read:
4.6    Subd. 2. Nonprovisional license Licenses defined. For purposes of this section,
4.7with respect to a teacher, "nonprovisional license" means an entrance, continuing, or life
4.8license initial, standard, or master teacher license as defined in section 122A.18. With
4.9respect to a principal, "license" means an initial, standard, or master principal license as
4.10defined in section 122A.14.

4.11    Sec. 23. Minnesota Statutes 2008, section 122A.40, subdivision 5, is amended to read:
4.12    Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
4.13first teaching experience in Minnesota in a single district is deemed to be a probationary
4.14period of employment, and after completion thereof, the probationary period in each
4.15district in which the teacher is thereafter employed shall be one year. The school board
4.16must adopt a plan for written evaluation of teachers during the probationary period that
4.17complies with section 122A.411. Evaluation must occur at least three times each year for a
4.18teacher performing services on 120 or more school days, at least two times each year for a
4.19teacher performing services on 60 to 119 school days, and at least one time each year for a
4.20teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
4.21conferences, teachers' workshops, and other staff development opportunities and days on
4.22which a teacher is absent from school must not be included in determining the number
4.23of school days on which a teacher performs services. Except as otherwise provided in
4.24paragraph (b), during the probationary period any annual contract with any teacher may
4.25or may not be renewed as the school board shall see fit. However, the board must give
4.26any such teacher whose contract it declines to renew for the following school year written
4.27notice to that effect before July 1. If the teacher requests reasons for any nonrenewal
4.28of a teaching contract, the board must give the teacher its reason in writing, including
4.29a statement that appropriate supervision was furnished describing the nature and the
4.30extent of such supervision furnished the teacher during the employment by the board,
4.31within ten days after receiving such request. The school board may, after a hearing held
4.32upon due notice, discharge a teacher during the probationary period for cause, effective
4.33immediately, under section 122A.44.
5.1(b) A board must discharge a probationary teacher, effective immediately, upon
5.2receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
5.3license has been revoked due to a conviction for child abuse or sexual abuse.
5.4(c) A probationary teacher whose first three years of consecutive employment are
5.5interrupted for active military service and who promptly resumes teaching consistent with
5.6federal reemployment timelines for uniformed service personnel under United States
5.7Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
5.8for purposes of paragraph (a).
5.9(d) A probationary teacher must complete at least 60 days of teaching service each
5.10year during the probationary period. Days devoted to parent-teacher conferences, teachers'
5.11workshops, and other staff development opportunities and days on which a teacher is
5.12absent from school do not count as days of teaching service under this paragraph.
5.13(e) The district's determination to issue a contract to a probationary teacher must be
5.14based on the following factors:
5.15(1) a portfolio of the teacher's professional growth plan based on standards of
5.16professional practice, student learning, and successful teacher evaluations that comply
5.17with section 122A.411, conducted at least three times per year;
5.18(2) measures of student achievement, including at least 35 percent linked to student
5.19achievement growth under section 120B.35 or another standardized student assessment
5.20approved by the commissioner; and
5.21(3) other locally selected criteria aligned to best instructional practices in teaching
5.22and learning.

5.23    Sec. 24. Minnesota Statutes 2009 Supplement, section 122A.40, subdivision 6, is
5.24amended to read:
5.25    Subd. 6. Mentoring for probationary teachers. (a) A school board and an
5.26exclusive representative of the teachers in the district must develop a probationary
5.27teacher peer review process through joint agreement. The process may shall include
5.28having trained observers serve as mentors or coaches or having teachers participate in
5.29professional learning communities.
5.30(b) Districts shall provide support to teachers throughout their probationary period to
5.31ensure new teachers are successfully building their portfolio to meet continuing tenure
5.32requirements. The support to new teachers shall include:
5.33(1) professional learning driven by standards of professional practice to improve
5.34teaching and reflection on practice, including an orientation process introducing the new
5.35teacher to the district, school, and teaching assignment;
6.1(2) training to promote professional growth and differentiation based on teacher
6.2and student needs;
6.3(3) trained mentors provided with opportunities to meet with the new teacher
6.4for coaching, collaboration, and reflection on practice; to assist in implementation of
6.5professional growth plans; and to conduct formative assessments and observations to
6.6measure new teachers' development and to be utilized in improvement of teaching; and
6.7(4) development of the new teacher's professional growth plan based on standards of
6.8professional practice, student learning, and teacher evaluations conducted at least three
6.9times per year pursuant to the objective evaluation program described in subdivision 5,
6.10paragraph (a).

6.11    Sec. 25. Minnesota Statutes 2008, section 122A.40, is amended by adding a
6.12subdivision to read:
6.13    Subd. 7b. Teacher continuing tenure system. (a) The teacher continuing tenure
6.14system is established:
6.15(1) to require teacher employment and continuation of that employment at least
6.16every five years based on evidence of satisfactory academic achievement growth of
6.17students aligned to the requirements under section 124D.411;
6.18(2) to support teachers' professional growth and responsibility in improving the
6.19academic achievement growth of students; and
6.20(3) to encourage teachers to undertake challenging assignments.
6.21(b) After the completion of the initial three-year probationary period, without
6.22discharge, teachers who are thereupon reemployed shall continue in service and hold their
6.23respective position during good behavior and efficient and competent service for periods
6.24of five years. The terms and conditions of a teacher's employment contract, including
6.25salary and salary increases, must be based either on the length of the school year or an
6.26extended school calendar under section 120A.415.
6.27(c) At the end of every five years of a teacher's service, the school district must
6.28either continue or terminate a teacher's service to the district. The district's continuing
6.29tenure determination must be based on the following factors:
6.30(1) a portfolio of the teacher's five-year professional growth plan based on standards
6.31of professional practice, student learning, and successful teacher evaluations that comply
6.32with section 122A.411, conducted at least three times per year;
6.33(2) measures of student achievement, including at least 35 percent linked to student
6.34achievement growth under section 120B.35 or another standardized student assessment
6.35approved by the commissioner; and
7.1(3) other locally selected criteria aligned to best instructional practices in teaching
7.2and learning.
7.3(d) The school board shall give teachers notice in writing before July 1 of renewal
7.4or termination of employment.
7.5(e) A teacher not recommended for continuing tenure by the district shall have the
7.6right to request a hearing pursuant to this section.

7.7    Sec. 26. Minnesota Statutes 2009 Supplement, section 122A.40, subdivision 8, is
7.8amended to read:
7.9    Subd. 8. Peer coaching for continuing contract teachers. (a) A school board and
7.10an exclusive representative of the teachers in the district shall develop a peer review
7.11process for continuing contract teachers through joint agreement. The process may
7.12include having trained observers serve as peer coaches or having teachers participate in
7.13professional learning communities.
7.14(b) Districts shall provide support to teachers to ensure teachers' professional growth
7.15through:
7.16(1) professional learning driven by standards of professional practice to improve
7.17teaching and reflection on practice;
7.18(2) training to promote professional growth and differentiation based on teacher and
7.19student needs; and
7.20(3) a five-year professional growth plan focused on teachers' growth linked to
7.21standards of professional practice, student learning, and successful teacher evaluations
7.22that comply with section 122A.411, conducted at least three times per year.

7.23    Sec. 27. Minnesota Statutes 2008, section 122A.40, subdivision 9, is amended to read:
7.24    Subd. 9. Grounds for termination. A continuing contract may be terminated,
7.25effective at the close of the school year, upon any of the following grounds:
7.26(a) Inefficiency;
7.27(b) Neglect of duty, or persistent violation of school laws, rules, regulations, or
7.28directives;
7.29(c) Conduct unbecoming a teacher which materially impairs the teacher's educational
7.30effectiveness;
7.31(d) Other good and sufficient grounds rendering the teacher unfit to perform the
7.32teacher's duties.; and
7.33(e) The teacher is not recommended by the district for continuing tenure pursuant
7.34to this section.
8.1A contract must not be terminated upon one of the grounds specified in clause (a),
8.2(b), (c), or (d), or (e) unless the teacher fails to correct the deficiency after being given
8.3written notice of the specific items of complaint and reasonable time within which to
8.4remedy them.

8.5    Sec. 28. Minnesota Statutes 2008, section 122A.40, subdivision 10, is amended to read:
8.6    Subd. 10. Negotiated unrequested leave of absence. The school board and the
8.7exclusive bargaining representative of the teachers may negotiate a plan providing for
8.8unrequested leave of absence without pay or fringe benefits for as many teachers as may
8.9be necessary because of discontinuance of position, lack of pupils, financial limitations, or
8.10merger of classes caused by consolidation of districts. Failing to successfully negotiate
8.11such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
8.12include provisions which would result in the exercise of seniority by a teacher holding
8.13a provisional an initial license, other than a vocational education license, contrary to
8.14the provisions of subdivision 11, clause (c), or the reinstatement of a teacher holding a
8.15provisional an initial license, other than a vocational education license, contrary to the
8.16provisions of subdivision 11, clause (e). The provisions of section 179A.16 do not apply
8.17for the purposes of this subdivision.

8.18    Sec. 29. Minnesota Statutes 2008, section 122A.40, subdivision 11, is amended to read:
8.19    Subd. 11. Unrequested leave of absence. The board may place on unrequested
8.20leave of absence, without pay or fringe benefits, as many teachers as may be necessary
8.21because of discontinuance of position, lack of pupils, financial limitations, or merger of
8.22classes caused by consolidation of districts. The unrequested leave is effective at the close
8.23of the school year. In placing teachers on unrequested leave, the board is governed by
8.24the following provisions:
8.25(a) The board may place probationary teachers on unrequested leave first in the
8.26inverse order of their employment. A teacher who has acquired continuing contract rights
8.27must not be placed on unrequested leave of absence while probationary teachers are
8.28retained in positions for which the teacher who has acquired continuing contract rights is
8.29licensed;
8.30(b) Teachers who have acquired continuing contract rights shall be placed on
8.31unrequested leave of absence in fields in which they are licensed in the inverse order
8.32in which they were employed by the school district. In the case of equal seniority, the
8.33order in which teachers who have acquired continuing contract rights shall be placed on
8.34unrequested leave of absence in fields in which they are licensed is negotiable;
9.1(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
9.2any seniority when that exercise results in that teacher being retained by the district in a
9.3field for which the teacher holds only a provisional an initial license, as defined by the
9.4board of teaching, unless that exercise of seniority results in the placement on unrequested
9.5leave of absence of another teacher who also holds a provisional an initial license in the
9.6same field. The provisions of this clause do not apply to vocational education licenses;
9.7(d) Notwithstanding clauses (a), (b) and (c), if the placing of a probationary teacher
9.8on unrequested leave before a teacher who has acquired continuing rights, the placing of a
9.9teacher who has acquired continuing contract rights on unrequested leave before another
9.10teacher who has acquired continuing contract rights but who has greater seniority, or the
9.11restriction imposed by the provisions of clause (c) would place the district in violation of
9.12its affirmative action program, the district may retain the probationary teacher, the teacher
9.13with less seniority, or the provisionally initial licensed teacher;
9.14(e) Teachers placed on unrequested leave of absence must be reinstated to the
9.15positions from which they have been given leaves of absence or, if not available, to other
9.16available positions in the school district in fields in which they are licensed. Reinstatement
9.17must be in the inverse order of placement on leave of absence. A teacher must not be
9.18reinstated to a position in a field in which the teacher holds only a provisional an initial
9.19license, other than a vocational education license, while another teacher who holds a
9.20nonprovisional standard or master license in the same field remains on unrequested leave.
9.21The order of reinstatement of teachers who have equal seniority and who are placed on
9.22unrequested leave in the same school year is negotiable;
9.23(f) Appointment of a new teacher must not be made while there is available, on
9.24unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
9.25teacher fails to advise the school board within 30 days of the date of notification that a
9.26position is available to that teacher who may return to employment and assume the duties
9.27of the position to which appointed on a future date determined by the board;
9.28(g) A teacher placed on unrequested leave of absence may engage in teaching or any
9.29other occupation during the period of this leave;
9.30(h) The unrequested leave of absence must not impair the continuing contract rights
9.31of a teacher or result in a loss of credit for previous years of service;
9.32(i) The unrequested leave of absence of a teacher who is placed on unrequested
9.33leave of absence and who is not reinstated shall continue for a period of five years, after
9.34which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
9.35also terminate if the teacher fails to file with the board by April 1 of any year a written
9.36statement requesting reinstatement;
10.1(j) The same provisions applicable to terminations of probationary or continuing
10.2contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;
10.3(k) Nothing in this subdivision shall be construed to impair the rights of teachers
10.4placed on unrequested leave of absence to receive unemployment benefits if otherwise
10.5eligible.

10.6    Sec. 30. Minnesota Statutes 2008, section 122A.41, subdivision 1, is amended to read:
10.7    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
10.8indicates that a different meaning is intended, the following words, terms, and phrases, for
10.9the purposes of the following subdivisions in this section shall be defined as follows:
10.10(a) Teachers. The term "teacher" includes every person regularly employed, as a
10.11principal, or to give instruction in a classroom, or to superintend or supervise classroom
10.12instruction, or as placement teacher and visiting teacher. Persons regularly employed as
10.13counselors and school librarians shall be covered by these sections as teachers if licensed
10.14as teachers or as school librarians.
10.15(b) School board. The term "school board" includes a majority in membership
10.16of any and all boards or official bodies having the care, management, or control over
10.17public schools.
10.18(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower
10.19branch of the service or to a position carrying a lower salary or compensation.
10.20(d) Nonprovisional license Licenses defined. For purposes of this section, with
10.21respect to a teacher, "nonprovisional license" shall mean an entrance, continuing, or life
10.22license means an initial, standard, or master teacher license as defined in section 122A.18.
10.23With respect to a principal, "license" means an initial, standard, or master principal license
10.24as defined in section 122A.14.

10.25    Sec. 31. Minnesota Statutes 2008, section 122A.41, subdivision 2, is amended to read:
10.26    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
10.27the public schools in cities of the first class during the first three years of consecutive
10.28employment shall be deemed to be in a probationary period of employment during which
10.29period any annual contract with any teacher may, or may not, be renewed as the school
10.30board, after consulting with the peer review committee charged with evaluating the
10.31probationary teachers under subdivision 3, shall see fit. The school site management team
10.32or the school board if there is no school site management team, shall adopt a plan for a
10.33written evaluation of teachers during the probationary period according to subdivision 3
10.34that complies with section 122A.411. Evaluation by the peer review committee charged
11.1with evaluating probationary teachers under subdivision 3 shall occur at least three
11.2times each year for a teacher performing services on 120 or more school days, at least
11.3two times each year for a teacher performing services on 60 to 119 school days, and
11.4at least one time each year for a teacher performing services on fewer than 60 school
11.5days. Days devoted to parent-teacher conferences, teachers' workshops, and other staff
11.6development opportunities and days on which a teacher is absent from school shall not be
11.7included in determining the number of school days on which a teacher performs services.
11.8The school board may, during such probationary period, discharge or demote a teacher
11.9for any of the causes as specified in this code. A written statement of the cause of such
11.10discharge or demotion shall be given to the teacher by the school board at least 30 days
11.11before such removal or demotion shall become effective, and the teacher so notified shall
11.12have no right of appeal therefrom.
11.13(b) A probationary teacher whose first three years of consecutive employment are
11.14interrupted for active military service and who promptly resumes teaching consistent with
11.15federal reemployment timelines for uniformed service personnel under United States
11.16Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
11.17for purposes of paragraph (a).
11.18(c) A probationary teacher must complete at least 60 days of teaching service each
11.19year during the probationary period. Days devoted to parent-teacher conferences, teachers'
11.20workshops, and other staff development opportunities and days on which a teacher is
11.21absent from school do not count as days of teaching service under this paragraph.
11.22(d) The district's determination to issue a contract to a probationary teacher must be
11.23based on the following factors:
11.24(1) a portfolio of the teacher's professional growth plan based on standards of
11.25professional practice, student learning, and successful teacher evaluations that comply
11.26with section 122A.411, conducted at least three times per year;
11.27(2) measures of student achievement, including at least 35 percent linked to student
11.28achievement growth under section 120B.35 or another standardized student assessment
11.29approved by the commissioner; and
11.30(3) other locally selected criteria aligned to best instructional practices in teaching
11.31and learning.
11.32(e) The school board shall give teachers notice in writing before July 1 of renewal
11.33or termination of employment.

11.34    Sec. 32. Minnesota Statutes 2009 Supplement, section 122A.41, subdivision 3, is
11.35amended to read:
12.1    Subd. 3. Mentoring for probationary teachers. (a) A board and an exclusive
12.2representative of the teachers in the district must develop a probationary teacher peer
12.3review process through joint agreement. The process may include having trained
12.4observers serve as mentors or coaches or having teachers participate in professional
12.5learning communities.
12.6(b) Districts shall provide support to teachers throughout their probationary period to
12.7ensure new teachers are successfully building their portfolio to meet continuing tenure
12.8requirements. The support to new teachers shall include:
12.9(1) professional learning driven by standards of professional practice to improve
12.10teaching and reflection on practice, including an orientation process introducing the new
12.11teacher to the district, school, and teaching assignment;
12.12(2) training to promote professional growth and differentiation based on teacher
12.13and student needs;
12.14(3) trained mentors provided with opportunities to meet with the new teacher
12.15for coaching, collaboration, and reflection on practice; to assist in implementation of
12.16professional growth plans; and to conduct formative assessments and observations to
12.17measure new teachers' development and to be utilized in improvement of teaching; and
12.18(4) development of the new teacher's professional growth plan based on standards of
12.19professional practice, student learning, and teacher evaluations, conducted at least three
12.20times per year pursuant to the objective evaluation program described in subdivision 2,
12.21paragraph (a).

12.22    Sec. 33. Minnesota Statutes 2008, section 122A.41, subdivision 4, is amended to read:
12.23    Subd. 4. Period of service after probationary period; discharge or demotion
12.24Teacher continuing tenure system. (a) The teacher continuing tenure system is
12.25established:
12.26(1) to require teacher employment and continuation of that employment at least
12.27every five years based on evidence of satisfactory academic achievement growth of
12.28students aligned to the requirements under section 124D.411;
12.29(2) to support teachers' professional growth and responsibility in improving the
12.30academic achievement growth of students; and
12.31(3) to encourage teachers to undertake challenging assignments.
12.32(b) After the completion of such the initial three-year probationary period, without
12.33discharge, such teachers as who are thereupon reemployed shall continue in service and
12.34hold their respective position during good behavior and efficient and competent service
12.35and must not be discharged or demoted except for cause after a hearing for periods of five
13.1years. The terms and conditions of a teacher's employment contract, including salary and
13.2salary increases, must be based either on the length of the school year or an extended
13.3school calendar under section 120A.415.
13.4(b) A probationary teacher is deemed to have been reemployed for the ensuing
13.5school year, unless the school board in charge of such school gave such teacher notice in
13.6writing before July 1 of the termination of such employment.
13.7(c) A teacher electing to have an employment contract based on the extended school
13.8calendar under section 120A.415 must participate in staff development training under
13.9subdivision 4a and shall receive an increased base salary.
13.10(c) At the end of every five years of a teacher's service, the school district must
13.11either continue or terminate a teacher's service to the district. The district's continuing
13.12tenure determination must be based on the following factors:
13.13(1) a portfolio of the teacher's five-year professional growth plan based on standards
13.14of professional practice, student learning, and successful teacher evaluations that comply
13.15with section 122A.411, conducted at least three times per year;
13.16(2) measures of student achievement, including at least 35 percent linked to student
13.17achievement growth under section 120B.35 or another standardized student assessment
13.18approved by the commissioner; and
13.19(3) other locally selected criteria aligned to best instructional practices in teaching
13.20and learning.
13.21(d) The school board shall give teachers notice in writing before July 1 of renewal
13.22or termination of employment.
13.23(e) A teacher not recommended for continuing tenure by the district shall have the
13.24right to request a hearing pursuant to this section.

13.25    Sec. 34. Minnesota Statutes 2009 Supplement, section 122A.41, subdivision 5, is
13.26amended to read:
13.27    Subd. 5. Peer coaching for continuing contract teachers. (a) A school board
13.28and an exclusive representative of the teachers in the district must develop a peer
13.29review process for nonprobationary teachers through joint agreement. The process may
13.30include having trained observers serve as peer coaches or having teachers participate in
13.31professional learning communities.
13.32(b) Districts shall provide support to teachers to ensure teachers' professional growth
13.33through:
13.34(1) professional learning driven by standards of professional practice to improve
13.35teaching and reflection on practice;
14.1(2) training to promote professional growth and differentiation based on teacher and
14.2student needs; and
14.3(3) a five-year professional growth plan focused on teachers' growth linked to
14.4standards of professional practice, student learning, and successful teacher evaluations
14.5that comply with section 122A.411, conducted at least three times per year.

14.6    Sec. 35. Minnesota Statutes 2008, section 122A.41, subdivision 6, is amended to read:
14.7    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
14.8in paragraph (b), causes for the discharge or demotion of a teacher either during or after
14.9the probationary period must be:
14.10(1) Immoral character, conduct unbecoming a teacher, or insubordination;
14.11(2) Failure without justifiable cause to teach without first securing the written release
14.12of the school board having the care, management, or control of the school in which the
14.13teacher is employed;
14.14(3) Inefficiency in teaching or in the management of a school;
14.15(4) Affliction with active tuberculosis or other communicable disease must be
14.16considered as cause for removal or suspension while the teacher is suffering from such
14.17disability; or
14.18(5) Discontinuance of position or lack of pupils.; or
14.19(6) The teacher is not recommended by the district for continuing tenure pursuant
14.20to this section.
14.21For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
14.22discriminatory practice described in section 363A.13. A contract must not be terminated
14.23upon the grounds specified in clause (6) unless the teacher fails to correct the deficiency
14.24after being given written notice of the specific items of complaint and reasonable time
14.25within which to remedy them.
14.26(b) A probationary or continuing-contract teacher must be discharged immediately
14.27upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
14.28teacher's license has been revoked due to a conviction for child abuse or sexual abuse.

14.29    Sec. 36. Minnesota Statutes 2008, section 122A.41, subdivision 14, is amended to read:
14.30    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
14.31given. (a) A teacher whose services are terminated on account of discontinuance of
14.32position or lack of pupils must receive first consideration for other positions in the district
14.33for which that teacher is qualified. In the event it becomes necessary to discontinue one
14.34or more positions, in making such discontinuance, teachers must be discontinued in any
15.1department in the inverse order in which they were employed, unless a board and the
15.2exclusive representative of teachers in the district negotiate a plan providing otherwise.
15.3(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
15.4any seniority when that exercise results in that teacher being retained by the district in a
15.5field for which the teacher holds only a provisional an initial license, as defined by the
15.6Board of Teaching, unless that exercise of seniority results in the termination of services,
15.7on account of discontinuance of position or lack of pupils, of another teacher who also
15.8holds a provisional an initial license in the same field. The provisions of this clause do
15.9not apply to vocational education licenses.
15.10(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated to a
15.11position in a field in which the teacher holds only a provisional an initial license, other
15.12than a vocational education license, while another teacher who holds a nonprovisional
15.13standard or master license in the same field is available for reinstatement.

15.14    Sec. 37. [122A.411] STATEWIDE TEACHER AND PRINCIPAL EVALUATION.
15.15    Subdivision 1. Minnesota annual teacher appraisal system. (a) The commissioner
15.16of education, in conjunction with the Minnesota annual teacher appraisal system task force,
15.17shall develop an annual review and appraisal process for probationary and continuing
15.18contract teachers holding any and all teaching licenses, including initial, standard, and
15.19master teaching licenses. The annual review and appraisal process is required of all
15.20teachers employed by school districts and charter schools. The annual review and appraisal
15.21process must be aligned to the best instructional practices in teaching and learning.
15.22(b) The annual review and appraisal process must include, at a minimum:
15.23(1) a written individual teacher appraisal aligned with the educational improvement
15.24plan under section 122A.413 and the staff development plan under section 122A.60;
15.25(2) objective evaluations using multiple criteria conducted by a locally selected and
15.26periodically trained evaluation team that understands teaching and learning;
15.27(3) measures of student achievement, including at least 35 percent linked to student
15.28achievement growth under section 120B.35 or another standardized student assessment
15.29approved by the commissioner; and
15.30(4) other locally selected criteria aligned to best instructional practices in teaching
15.31and learning.
15.32(c) The commissioner of education, in conjunction with the Minnesota annual
15.33teacher appraisal system task force, shall apply ratings to teachers annually, based on at
15.34least the following minimum scale:
16.1(1) a teacher is considered "highly effective" if the teacher's portfolio shows
16.2evidence that the teacher's students, on average, experienced more than one year of growth
16.3on the statewide student academic achievement measures defined in section 120B.35 or
16.4another standardized student assessment approved by the commissioner and the teacher
16.5received a performance rating of "5" on the Minnesota annual teacher appraisal system
16.6evaluation rubric;
16.7(2) a teacher is considered "effective" if the teacher's portfolio shows evidence
16.8that the teacher's students, on average, experienced at least one year of growth on the
16.9statewide student academic achievement measures defined in section 120B.35 or another
16.10standardized student assessment approved by the commissioner and the teacher received
16.11a performance rating of "3" or better on the Minnesota annual teacher appraisal system
16.12evaluation rubric;
16.13(3) a teacher is considered in "needs improvement" if the teacher's portfolio shows
16.14evidence that the teacher's students, on average, experienced less than one year of growth
16.15on the statewide student academic achievement measures defined in section 120B.35 or
16.16another standardized assessment approved by the commissioner or the teacher received
16.17a performance rating of "2" or worse on the Minnesota annual teacher appraisal system
16.18evaluation rubric; and
16.19(4) a teacher is considered "ineffective" if the teacher's portfolio shows evidence
16.20that the teacher's students, on average, experienced low growth on the statewide student
16.21academic achievement measures defined in section 120B.35 or another standardized
16.22student assessment approved by the commissioner and the teacher received a performance
16.23rating of "1" on the Minnesota annual teacher appraisal system rubric.
16.24(d) The commissioner of education, in conjunction with the Minnesota annual
16.25teacher appraisal system task force, shall develop, through joint agreement, a peer review
16.26and assistance system to provide support for the full spectrum of teaching, including
16.27support for teachers deemed both highly effective and ineffective, through the evaluation
16.28process under this section. Teachers receiving an "ineffective" rating as defined in
16.29paragraph (c) shall be referred to peer assistance and review.
16.30(e) The commissioner of education shall convene a task force of educators and
16.31stakeholders to develop a performance evaluation rubric based on standards of professional
16.32practice. The Minnesota annual teacher appraisal system evaluation rubric shall have
16.33five performance ratings. The task force shall submit a report to the commissioner of
16.34education and to the chairs and ranking minority members of the legislative committees
16.35and divisions with jurisdiction over kindergarten through grade 12 education policy and
16.36finance summarizing aggregated teacher appraisal data by state, district, school, subject,
17.1and level wherever there are sufficient individuals within a cohort to prevent violation
17.2of federal privacy law. The task force shall submit the report to the commissioner and
17.3legislative committees and divisions with jurisdiction over kindergarten through grade 12
17.4education policy and finance no later than December 15, 2010.
17.5    Subd. 2. Minnesota annual principal appraisal system. (a) The commissioner
17.6of education, in conjunction with the Minnesota annual principal appraisal system
17.7task force, shall develop an annual review and appraisal process for probationary and
17.8continuing contract principals holding any and all principal licenses. The annual review
17.9and appraisal process must be aligned to the best instructional practices in school and
17.10instructional leadership.
17.11(b) The annual review and appraisal process must include, at a minimum:
17.12(1) a written individual principal appraisal aligned with the educational improvement
17.13plan under section 122A.413 and the staff development plan under section 122A.60;
17.14(2) objective evaluations using multiple criteria conducted by a locally selected and
17.15periodically trained evaluation team that understands school and instructional leadership;
17.16(3) evidence that, for reading and mathematics separately, the three-year average
17.17percentage of the principal's school's students making medium and high growth is equal to
17.18or greater than the percentage of students in the state making medium and high growth as
17.19defined in section 120B.299; and
17.20(4) other locally selected criteria aligned to best instructional practices in
17.21instructional leadership, teaching, and learning.
17.22(c) The commissioner of education, in conjunction with the Minnesota annual
17.23principal appraisal system task force, shall apply ratings to principals annually, based
17.24on at least the following minimum scale:
17.25(1) a principal is considered "highly effective" if the principal's portfolio shows
17.26evidence that the school that the principal is leading is making at least one year of growth
17.27on the statewide student academic achievement measures defined in section 120B.35 or
17.28another standardized student assessment approved by the commissioner and the principal
17.29received a performance rating of "5" on the Minnesota annual principal appraisal system
17.30evaluation rubric;
17.31(2) a principal is considered "effective" if the principal's portfolio shows evidence
17.32that the school that the principal is leading is making at least one year of growth at
17.33the rate of the state average, on the statewide student academic achievement measures
17.34defined in section 120B.35 or another standardized student assessment approved by the
17.35commissioner and the principal received a performance rating of "3" or better on the
17.36Minnesota annual principal appraisal system evaluation rubric;
18.1(3) a principal is considered in "needs improvement" if the principal's portfolio
18.2shows evidence that the school that the principal is leading is making growth that is less
18.3than the state average on the statewide student academic achievement measures defined
18.4in section 120B.35 or another standardized assessment approved by the commissioner
18.5or the principal received a performance rating of "2" or worse on the Minnesota annual
18.6principal appraisal system evaluation rubric; and
18.7(4) a principal is considered "ineffective" if the principal's portfolio shows evidence
18.8of no growth on the statewide student academic achievement measures defined in section
18.9120B.35 or another standardized student assessment approved by the commissioner and
18.10the principal received a performance rating of "1" on the Minnesota annual principal
18.11appraisal system rubric.
18.12A principal cannot be rated as effective or better unless the principal has
18.13demonstrated satisfactory levels of student growth for the school that the principal leads.
18.14(d) Principals receiving an "ineffective" rating as defined in paragraph (c) shall be
18.15referred to the Minnesota principals academy for remediation.
18.16(e) The commissioner of education shall convene a task force of administrators
18.17and stakeholders to develop an evaluation rubric based on standards of professional
18.18practice. The Minnesota annual principal appraisal system evaluation rubric shall have
18.19five performance ratings. The task force shall submit a report to the commissioner of
18.20education and to the chairs and ranking minority members of the legislative committees
18.21and divisions with jurisdiction over kindergarten through grade 12 education policy and
18.22finance summarizing aggregated principal appraisal data by state, district, school, subject,
18.23and level wherever there are sufficient individuals within a cohort to prevent violation
18.24of federal privacy law. The task force shall submit the report to the commissioner and
18.25legislative committees and divisions with jurisdiction over kindergarten through grade 12
18.26education policy and finance no later than December 15, 2010.

18.27    Sec. 38. Minnesota Statutes 2008, section 122A.413, as amended by Laws 2009,
18.28chapter 96, article 2, section 25, is amended to read:
18.29122A.413 EDUCATIONAL IMPROVEMENT PLAN.
18.30    Subdivision 1. Qualifying plan. A district or intermediate school district may
18.31develop an educational improvement plan for the purpose of qualifying for the alternative
18.32teacher and principal professional pay system under section 122A.414. The plan must
18.33include measures for improving school district, intermediate school district, school site,
18.34teacher, principal, and individual student performance.
19.1    Subd. 2. Plan components. The educational improvement plan must be approved
19.2by the school board and have at least these elements:
19.3(1) assessment and evaluation tools to measure student performance and progress;
19.4(2) performance goals and benchmarks for improvement;
19.5(3) measures of student attendance and completion rates;
19.6(4) a rigorous research and practice-based professional development system, based
19.7on national and state standards of effective teaching and principal practice and consistent
19.8with section 122A.60, that is aligned with educational improvement and designed to
19.9achieve ongoing and schoolwide progress and growth in teaching and principal practice;
19.10(5) measures of student, family, and community involvement and satisfaction;
19.11(6) a data system about students and their academic progress that provides parents
19.12and the public with understandable information;
19.13(7) a teacher an induction and mentoring program for probationary teachers and
19.14principals that provides continuous learning and sustained teacher or principal support; and
19.15(8) substantial participation by the exclusive representative of the teachers and
19.16principals in developing the plan.
19.17    Subd. 3. School site accountability. A district or intermediate school district that
19.18develops a plan under subdivisions 1 and 2 must ensure that each school site develops a
19.19board-approved educational improvement plan that is aligned with the district educational
19.20improvement plan under subdivision 2 and developed with the exclusive representative
19.21of the teachers and principals. While a site plan must be consistent with the district
19.22educational improvement plan, it may establish performance goals and benchmarks that
19.23meet or exceed those of the district.

19.24    Sec. 39. Minnesota Statutes 2008, section 122A.414, as amended by Laws 2009,
19.25chapter 96, article 2, section 26, is amended to read:
19.26122A.414 ALTERNATIVE TEACHER PAY.
19.27    Subdivision 1. Restructured pay system. A restructured alternative teacher and
19.28principal professional pay system is established under subdivision 2 to provide incentives
19.29to encourage teachers and principals to improve their knowledge and instructional skills in
19.30order to improve student learning and for school districts, intermediate school districts,
19.31and charter schools to recruit and retain highly qualified teachers and principals, encourage
19.32highly qualified teachers and principals to undertake challenging assignments, and support
19.33teachers' and principals' roles in improving students' educational achievement.
19.34    Subd. 1a. Transitional planning year. (a) To be eligible to participate in an
19.35alternative teacher and principal professional pay system, a school district, intermediate
20.1school district, or site, at least one school year before it expects to fully implement
20.2an alternative pay system, must:
20.3(1) submit to the department a letter of intent executed by the school district or
20.4intermediate school district and the exclusive representative of the teachers and principals
20.5to complete a plan preparing for full implementation, consistent with subdivision 2,
20.6that may include, among other activities, training to evaluate teacher and principal
20.7performance, a restructured school day to develop integrated ongoing site-based
20.8professional development activities, release time to develop an alternative pay system
20.9agreement, and teacher, principal, and staff training on using multiple data sources; and
20.10(2) agree to use up to two percent of basic revenue for staff development purposes,
20.11consistent with sections 122A.60 and 122A.61, to develop the alternative teacher and
20.12principal professional pay system agreement under this section.
20.13(b) To be eligible to participate in an alternative teacher and principal professional
20.14pay system, a charter school, at least one school year before it expects to fully implement
20.15an alternative pay system, must:
20.16(1) submit to the department a letter of intent executed by the charter school and the
20.17charter school board of directors;
20.18(2) submit the record of a formal vote by the teachers employed at the charter
20.19school indicating at least 70 percent of all teachers agree to implement the alternative
20.20pay system; and
20.21(3) agree to use up to two percent of basic revenue for staff development purposes,
20.22consistent with sections 122A.60 and 122A.61, to develop the alternative teacher and
20.23principal professional pay system.
20.24(c) The commissioner may waive the planning year if the commissioner determines,
20.25based on the criteria under subdivision 2, that the school district, intermediate school
20.26district, site or charter school is ready to fully implement an alternative pay system.
20.27    Subd. 2. Alternative teacher and principal professional pay system. (a) To
20.28participate in this program, a school district, intermediate school district, school site, or
20.29charter school must have an educational improvement plan under section 122A.413 and an
20.30alternative teacher and principal professional pay system agreement under paragraph (b).
20.31A charter school participant also must comply with subdivision 2a.
20.32(b) The alternative teacher and principal professional pay system agreement must:
20.33(1) describe how teachers can achieve career advancement and how teachers and
20.34principals can achieve additional compensation;
20.35(2) describe how the school district, intermediate school district, school site, or
20.36charter school will provide teachers with career advancement options that allow teachers
21.1to retain primary roles in student instruction and facilitate site-focused professional
21.2development that helps other teachers improve their skills;
21.3(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
21.4paid before implementing the pay system from being reduced as a result of participating
21.5in this system, and base at least 60 percent of any compensation increase on teacher
21.6performance using:
21.7(i) schoolwide student achievement gains under section 120B.35 or locally selected
21.8standardized assessment outcomes, or both;
21.9(ii) measures of student achievement, including at least 35 percent linked to student
21.10achievement growth under section 120B.35 or another standardized student assessment
21.11approved by the commissioner; and
21.12(iii) an objective evaluation program aligned with section 122A.411 that includes:
21.13(A) individual teacher evaluations aligned with the educational improvement plan
21.14under section 122A.413 and the staff development plan under section 122A.60; and
21.15(B) objective evaluations using multiple criteria conducted by a locally or regionally
21.16selected and periodically trained evaluation team that understands teaching and learning;
21.17(4) prevent any principal's compensation paid before implementing the pay system
21.18from being reduced as a result of participating in this system, and base at least 60 percent
21.19of any compensation increase on performance using:
21.20(i) schoolwide student achievement gains under section 120B.35 or locally selected
21.21standardized assessment outcomes, or both;
21.22(ii) measures of student achievement; and
21.23(iii) an objective evaluation program aligned with section 122A.411 that includes:
21.24(A) individual principal evaluations aligned with the educational improvement plan
21.25under section 122A.413 and the staff development plan under section 122A.60;
21.26(B) objective evaluations using multiple criteria conducted by a locally or regionally
21.27selected and periodically trained evaluation team that understands teaching and learning;
21.28and
21.29(C) a peer review and assistance system to provide support for the full spectrum
21.30of teaching, including support for teachers and principals deemed both effective and
21.31ineffective, through the evaluation process under section 122A.411;
21.32(4) (5) provide integrated ongoing site-based professional development activities to
21.33improve instructional skills and learning that are aligned with student needs under section
21.34122A.413 , consistent with the staff development plan under section 122A.60 and led
21.35during the school day by trained teacher leaders such as master or mentor teachers;
22.1(5) (6) allow any teacher in a participating school district, intermediate school
22.2district, school site, or charter school that implements an alternative pay system to
22.3participate in that system without any quota or other limit; and
22.4(6) (7) encourage collaboration rather than competition among teachers and
22.5principals.
22.6    Subd. 2a. Charter school applications. For charter school applications, the board
22.7of directors of a charter school that satisfies the conditions under subdivisions 2 and 2b
22.8must submit to the commissioner an application that contains:
22.9(1) an agreement to implement an alternative teacher and principal professional pay
22.10system under this section;
22.11(2) a resolution by the charter school board of directors adopting the agreement; and
22.12(3) the record of a formal vote by the teachers employed at the charter school
22.13indicating that at least 70 percent of all teachers agree to implement the alternative teacher
22.14and principal professional pay system, unless the charter school submits an alternative
22.15teacher and principal professional pay system agreement under this section before the first
22.16year of operation.
22.17Alternative compensation revenue for a qualifying charter school must be calculated
22.18under section 126C.10, subdivision 34, paragraphs (a) and (b).
22.19    Subd. 2b. Approval process. (a) Consistent with the requirements of this section
22.20and sections 122A.413 and 122A.415, the department must prepare and transmit to
22.21interested school districts, intermediate school districts, school sites, and charter schools
22.22a standard form for applying to participate in the alternative teacher and principal
22.23professional pay system. The commissioner annually must establish three dates as
22.24deadlines by which interested applicants must submit an application to the commissioner
22.25under this section. An interested school district, intermediate school district, school site,
22.26or charter school must submit to the commissioner a completed application executed by
22.27the district superintendent and the exclusive bargaining representative of the teachers and
22.28principals if the applicant is a school district, intermediate school district, or school site,
22.29or executed by the charter school board of directors if the applicant is a charter school.
22.30The application must include the proposed alternative teacher and principal professional
22.31pay system agreement under subdivision 2. The department must review a completed
22.32application within 30 days of the most recent application deadline and recommend to the
22.33commissioner whether to approve or disapprove the application. The commissioner must
22.34approve applications on a first-come, first-served basis. The applicant's alternative teacher
22.35and principal professional pay system agreement must be legally binding on the applicant
22.36and the collective bargaining representative representatives before the applicant receives
23.1alternative compensation revenue. The commissioner must approve or disapprove an
23.2application based on the requirements under subdivisions 2 and 2a.
23.3(b) If the commissioner disapproves an application, the commissioner must give the
23.4applicant timely notice of the specific reasons in detail for disapproving the application.
23.5The applicant may revise and resubmit its application and related documents to the
23.6commissioner within 30 days of receiving notice of the commissioner's disapproval and
23.7the commissioner must approve or disapprove the revised application, consistent with this
23.8subdivision. Applications that are revised and then approved are considered submitted on
23.9the date the applicant initially submitted the application.
23.10    Subd. 3. Report; continued funding. (a) Participating districts, intermediate
23.11school districts, school sites, and charter schools must report on the implementation and
23.12effectiveness of the alternative teacher and principal professional pay system, particularly
23.13addressing each requirement under subdivision 2 and make annual recommendations by
23.14June 15 to their school boards. The school board or board of directors shall transmit a
23.15copy of the report with a summary of the findings and recommendations of the district,
23.16intermediate school district, school site, or charter school to the commissioner.
23.17(b) If the commissioner determines that a school district, intermediate school district,
23.18school site, or charter school that receives alternative teacher and principal compensation
23.19revenue is not complying with the requirements of this section, the commissioner
23.20may withhold funding from that participant. Before making the determination, the
23.21commissioner must notify the participant of any deficiencies and provide the participant
23.22an opportunity to comply.
23.23    Subd. 4. Planning and staff development. A school district that qualifies to
23.24participate in the alternative teacher and principal professional pay system transitional
23.25planning year under subdivision 1a may use up to two percent of basic revenue that would
23.26otherwise be reserved under section 122A.61 for complying with the planning and staff
23.27development activities under this section.

23.28    Sec. 40. Minnesota Statutes 2008, section 122A.60, as amended by Laws 2009, chapter
23.2996, article 2, section 28, is amended to read:
23.30122A.60 STAFF DEVELOPMENT PROGRAM.
23.31    Subdivision 1. Staff development committee. A school board must use the revenue
23.32authorized in section 122A.61 for in-service education for programs under section
23.33120B.22, subdivision 2 , or for staff development and teacher and principal training plans
23.34under this section. The board must establish an advisory staff development committee
23.35to develop the plan, assist site professional development teams in developing a site plan
24.1consistent with the goals of the plan, and evaluate staff development efforts at the site
24.2level. A majority of the advisory committee and the site professional development team
24.3must be teachers and principals representing various grade levels, subject areas, and
24.4special education. The advisory committee must also include nonteaching staff, parents,
24.5and administrators.
24.6    Subd. 1a. Effective staff development activities. (a) Staff development activities
24.7must be aligned with the district and school site staff development plans, based on student
24.8achievement data, focused on student learning goals, and used in the classroom setting.
24.9Activities must:
24.10(1) focus on the school classroom and research-based scientifically based research
24.11strategies that improve student learning;
24.12(2) provide opportunities for teachers to practice and improve their instructional
24.13skills over time and receive instruction-based observations using objective standards-based
24.14assessments to assist in the professional growth process;
24.15(3) provide regular and ongoing opportunities for teachers and principals to use
24.16student data as part of their daily work to increase student achievement;
24.17(4) enhance teacher and principal content knowledge and instructional skills;
24.18(5) align with state and local academic standards;
24.19(6) provide job-embedded, integrated professional development opportunities during
24.20teacher and principal contract day to build professional relationships, foster collaboration
24.21among principals and staff who provide instruction to identify instructional strategies to
24.22meet student learning goals, plan for instruction, practice new teaching strategies, review
24.23the results of implementing strategies, and provide opportunities for teacher-to-teacher
24.24and principal-to-principal coaching and mentoring; and
24.25(7) align with the plan of the district or site for an alternative teacher professional
24.26pay system those participating in an alternative teacher and principal professional pay
24.27system under section 122A.414.
24.28Staff development activities may also include curriculum development and curriculum
24.29training programs, and activities that provide teachers and principals and other members
24.30of site-based teams training to enhance team performance. The school district also may
24.31implement other staff development activities required by law and activities associated with
24.32professional teacher and principal compensation models.
24.33(b) Release time provided for teachers to supervise students on field trips and school
24.34activities, or independent tasks not associated with enhancing the teacher's knowledge
24.35and instructional skills, such as preparing report cards, calculating grades, or organizing
25.1classroom materials, may not be counted as staff development time that is financed with
25.2staff development reserved revenue under section 122A.61.
25.3    Subd. 2. Contents of plan. The plan must be based on student achievement and
25.4include student learning goals, the staff development outcomes under subdivision 3, the
25.5means to achieve the outcomes, and procedures for evaluating progress at each school
25.6site toward meeting education outcomes, consistent with relicensure requirements under
25.7section 122A.18, subdivision 2, paragraph (b). The plan also must:
25.8(1) support stable and productive professional communities achieved through
25.9ongoing and schoolwide progress and growth in teaching practice;
25.10(2) emphasize coaching, professional learning communities, classroom action
25.11research, and other job-embedded models;
25.12(3) maintain a strong subject matter focus premised on students' learning goals;
25.13(4) ensure specialized preparation and learning about issues related to teaching
25.14students with special needs and limited English proficiency; and
25.15(5) reinforce national and state standards of effective teaching practice.
25.16    Subd. 3. Staff development outcomes. The advisory staff development committee
25.17must adopt a staff development plan for increasing teacher and principal effectiveness and
25.18improving student achievement. The plan must be consistent with education outcomes that
25.19the school board determines. The plan must include ongoing staff development activities
25.20that contribute toward continuous improvement in achievement of the following goals:
25.21(1) improve student achievement of state and local education standards in all areas
25.22of the curriculum by using best practices methods and scientifically based research;
25.23(2) effectively meet the needs of a diverse student population, including at-risk
25.24children, children with disabilities, and gifted children, within the regular classroom
25.25and other settings;
25.26(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
25.27student population that is consistent with the state education diversity rule and the district's
25.28education diversity plan;
25.29(4) improve staff collaboration and develop mentoring and peer coaching programs
25.30for teachers new to the school or district and principals in their first five years;
25.31(5) effectively teach and model violence prevention policy and curriculum that
25.32address early intervention alternatives, issues of harassment, and teach nonviolent
25.33alternatives for conflict resolution; and
25.34(6) provide teachers and other members of site-based management teams with
25.35appropriate management and financial management skills.
26.1    Subd. 4. Staff development report. (a) By October 15 1 of each year, the district
26.2and site staff development committees shall write and submit a report of staff development
26.3activities and expenditures for the previous year, in the form and manner determined by
26.4the commissioner. The report, signed by the district superintendent and staff development
26.5chair, must include assessment and evaluation data indicating progress toward district and
26.6site staff development goals based on teaching and learning outcomes, including the
26.7percentage of teachers and other staff involved in instruction who participate in effective
26.8staff development activities under subdivision 3.
26.9(b) The report must break down expenditures for:
26.10(1) curriculum development and curriculum training programs; and
26.11(2) staff development training models, workshops, and conferences, and the cost of
26.12releasing teachers or providing substitute teachers for staff development purposes.
26.13The report also must indicate whether the expenditures were incurred at the district
26.14level or the school site level, and whether the school site expenditures were made possible
26.15by grants to school sites that demonstrate exemplary use of allocated staff development
26.16revenue. These expenditures must be reported using the uniform financial and accounting
26.17and reporting standards.
26.18(c) The commissioner shall report the staff development progress and expenditure
26.19data to the house of representatives and senate committees having jurisdiction over
26.20education by February 15 each year.

26.21    Sec. 41. Minnesota Statutes 2008, section 122A.61, subdivision 1, is amended to read:
26.22    Subdivision 1. Staff development revenue. A district is required to reserve
26.23an amount equal to at least two percent of the basic revenue under section 126C.10,
26.24subdivision 2 , for in-service education for programs under section 120B.22, subdivision 2,
26.25for with the primary purpose of creating and implementing district and school site staff
26.26development plans, including. Funds may also be used to support plans for challenging
26.27instructional activities and experiences under section 122A.60, and for curriculum
26.28development and programs, other in-service education, teachers' workshops, teacher
26.29conferences, the cost of substitute teachers staff development purposes, preservice and
26.30in-service education for special education professionals and paraprofessionals, and other
26.31related costs for staff development efforts. A district may annually waive the requirement
26.32to reserve their basic revenue under this section if a majority vote of the licensed teachers
26.33in the district and a majority vote of the school board agree to a resolution to waive the
26.34requirement. A district in statutory operating debt is exempt from reserving basic revenue
26.35according to this section. Districts may expend an additional amount of unreserved
27.1revenue for staff development based on their needs. With the exception of amounts
27.2reserved for staff development from revenues allocated directly to school sites, the board
27.3must initially allocate 50 percent of the reserved revenue to each school site in the district
27.4on a per teacher basis, which must be retained by the school site until used. The board may
27.5retain 25 percent to be used for district wide staff development efforts. The remaining
27.625 percent of the revenue must be used to make grants to school sites for best practices
27.7methods. A grant may be used for any purpose authorized under section 120B.22,
27.8subdivision 2 , 122A.60, or for the costs of curriculum development and programs, other
27.9in-service education, teachers' workshops, teacher conferences, substitute teachers for
27.10staff development purposes, and other staff development efforts, and determined by
27.11the site professional development team. The site professional development team must
27.12demonstrate to the school board the extent to which staff at the site have met the outcomes
27.13of the program. The board may withhold a portion of initial allocation of revenue if the
27.14staff development outcomes are not being met."
27.15Page 33, after line 20, insert:

27.16    "Sec. 43. Minnesota Statutes 2008, section 123B.09, subdivision 8, is amended to read:
27.17    Subd. 8. Duties. The board must superintend and manage the schools of the
27.18district; adopt rules for their organization, government, and instruction; keep registers; and
27.19prescribe textbooks and courses of study. The board may enter into an agreement with a
27.20postsecondary institution for secondary or postsecondary nonsectarian courses to be taught
27.21at a secondary school, nonsectarian postsecondary institution, or another location. The
27.22board must not enter into an agreement which limits a district superintendent's duty to
27.23assign and reassign teachers or administrators to the schools in which the teachers will
27.24teach or the administrators will administer.

27.25    Sec. 44. Minnesota Statutes 2009 Supplement, section 123B.143, subdivision 1,
27.26is amended to read:
27.27    Subdivision 1. Contract; duties. All districts maintaining a classified secondary
27.28school must employ a superintendent who shall be an ex officio nonvoting member of the
27.29school board. The authority for selection and employment of a superintendent must be
27.30vested in the board in all cases. An individual employed by a board as a superintendent
27.31shall have an initial employment contract for a period of time no longer than three years
27.32from the date of employment. Any subsequent employment contract must not exceed a
27.33period of three years. A board, at its discretion, may or may not renew an employment
27.34contract. A board must not, by action or inaction, extend the duration of an existing
27.35employment contract. Beginning 365 days prior to the expiration date of an existing
28.1employment contract, a board may negotiate and enter into a subsequent employment
28.2contract to take effect upon the expiration of the existing contract. A subsequent contract
28.3must be contingent upon the employee completing the terms of an existing contract. If a
28.4contract between a board and a superintendent is terminated prior to the date specified in
28.5the contract, the board may not enter into another superintendent contract with that same
28.6individual that has a term that extends beyond the date specified in the terminated contract.
28.7A board may terminate a superintendent during the term of an employment contract for any
28.8of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
28.9not rely upon an employment contract with a board to assert any other continuing contract
28.10rights in the position of superintendent under section 122A.40. Notwithstanding the
28.11provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
28.12to the contrary, no individual shall have a right to employment as a superintendent based
28.13on order of employment in any district. If two or more districts enter into an agreement for
28.14the purchase or sharing of the services of a superintendent, the contracting districts have
28.15the absolute right to select one of the individuals employed to serve as superintendent
28.16in one of the contracting districts and no individual has a right to employment as the
28.17superintendent to provide all or part of the services based on order of employment in a
28.18contracting district. The superintendent of a district shall perform the following:
28.19    (1) visit and supervise the schools in the district, report and make recommendations
28.20about their condition when advisable or on request by the board;
28.21    (2) recommend to the board employment and dismissal of teachers;
28.22(3) before the start of the school year, and at other times as needed, assign highly
28.23effective teachers and administrators, as defined in section 122A.411, to schools to best
28.24meet student and school needs as determined by the superintendent;
28.25    (3) (4) superintend school grading practices and examinations for promotions;
28.26    (4) (5) make reports required by the commissioner; and
28.27    (5) (6) perform other duties prescribed by the board.
28.28For purposes of this section, "school" includes a public school under section 120A.22,
28.29subdivision 4, or a nonpublic school under section 120A.22, subdivision 4, that elects to
28.30comply with this section, and charter schools under section 124D.10."
28.31Page 39, line 25, strike "additional sites or to" and strike "additional grades" and
28.32insert "locations or grades"
28.33Page 40, after line 2, insert:
28.34"(k) Notwithstanding paragraph (j), an authorizer may permit the board of directors
28.35of a high-performing charter school to expand the existing charter to include a new
28.36separate school beyond that described in the authorizer's original affidavit as approved
29.1by the commissioner only after submitting a supplemental affidavit for approval to the
29.2commissioner in a form and manner prescribed by the commissioner. A new separate
29.3school must conduct a separate lottery and enrollment process. A supplemental affidavit
29.4must be submitted for each new separate school and show that:
29.5(1) the new separate school proposed by the authorizer is supported by need and
29.6projected enrollment;
29.7(2) the new separate school is warranted, at a minimum, by longitudinal data
29.8demonstrating the existing charter school's students' improved academic performance and
29.9growth on statewide assessments under chapter 120B;
29.10(3) the existing charter school is fiscally sound and the charter school board has the
29.11capacity to implement and govern the new separate school; and
29.12(4) the authorizer finds that the charter school board has capacity to carry out and
29.13oversee the new separate school."
29.14Page 40, line 3, strike "(k)" and insert "(l)"
29.15Page 40, line 7, strike "or" and insert a comma and after "sites" insert ", or start a
29.16new separate school"
29.17Page 43, after line 19, insert:

29.18    "Sec. 51. Minnesota Statutes 2008, section 127A.05, is amended by adding a
29.19subdivision to read:
29.20    Subd. 7. Authority to intervene. The commissioner of education shall have the
29.21authority to intervene directly in the state's persistently lowest achieving schools and
29.22charter schools and in school districts and charter schools that are in improvement or
29.23corrective action status under the Elementary and Secondary Education Act."
29.24Page 49, after line 31, insert:

29.25    "Sec. 60. ALTERNATIVE TEACHER PREPARATION REPORTS.
29.26The Board of Teaching must submit an interim report on the effectiveness of the
29.27alternative teacher preparation program under Minnesota Statutes, section 122A.245, to
29.28the house of representatives and senate committees having jurisdiction over kindergarten
29.29through grade 12 education by February 15, 2012, and a final report by February 15, 2014."
29.30Renumber the sections in sequence and correct the internal references
29.31Amend the title accordingly