1.1.................... moves to amend H.F. No. 2431, the delete everything amendment
1.2(A10-2517), as follows:
1.3Page 31, after line 23, insert:

1.4    "Sec. 18. Minnesota Statutes 2009 Supplement, section 122A.40, subdivision 8,
1.5is amended to read:
1.6    Subd. 8. Annual evaluations and peer coaching for continuing contract
1.7teachers. (a) To improve student learning and success, a school board and an exclusive
1.8representative of the teachers in the district, consistent with paragraph (b), shall develop
1.9a an annual teacher evaluation and peer review process for continuing contract teachers
1.10through joint agreement. The peer review process may must include having trained
1.11observers serve as peer coaches or having teachers participate in professional learning
1.12communities.
1.13(b) To develop, improve, and support qualified teachers and effective teaching
1.14practices and improve student learning and success, the annual evaluation process for
1.15continuing contract teachers must:
1.16(1) be a collaborative effort between teachers and school administrators to develop
1.17and implement a teacher evaluation process that is based on professional teaching
1.18standards and includes both formative assessments to improve instruction through
1.19identifying teachers' strengths and weaknesses and summative assessments conducted at
1.20least once every three school years and used to make personnel decisions, consistent
1.21with clause (2);
1.22(2) coordinate staff development activities under section 122A.60 with this
1.23evaluation process and teachers' evaluation outcomes and give teachers not meeting
1.24standards of effective practice sufficient support to improve;
1.25(3) include in-class observations by both licensed mentor teachers and school
1.26administrators who are trained evaluators, use a valid observation framework or protocol,
1.27and periodically undergo a reliability review;
2.1(4) provide peer coaching or have teachers participate in professional learning
2.2communities, consistent with paragraph (a);
2.3(5) require teachers to develop and present a portfolio demonstrating evidence
2.4of reflection and professional growth, consistent with section 122A.18, subdivision
2.54, paragraph (b), using criteria developed by the board of teaching to reliably assess
2.6portfolio content, and include teachers' own performance assessment based on student
2.7work samples, student and family surveys, and videotapes of teachers' work, among
2.8other activities;
2.9(6) demonstrate teachers' content knowledge and teaching skills; and
2.10(7) use longitudinal data on student academic growth, student attendance, student
2.11engagement and connection, and other outcome measures as evaluation components.
2.12EFFECTIVE DATE.This section is effective the day following final enactment
2.13and applies beginning when a district next enters into or modifies a collective bargaining
2.14agreement or by the 2011-2012 school year, whichever comes first.

2.15    Sec. 19. Minnesota Statutes 2009 Supplement, section 122A.41, subdivision 5, is
2.16amended to read:
2.17    Subd. 5. Annual evaluations and peer coaching for continuing contract
2.18teachers. (a) To improve student learning and success, a school board and an exclusive
2.19representative of the teachers in the district, consistent with paragraph (b), must develop a
2.20an annual teacher evaluation and peer review process for nonprobationary teachers through
2.21joint agreement. The peer review process may must include having trained observers
2.22serve as peer coaches or having teachers participate in professional learning communities.
2.23(b) To develop, improve, and support qualified teachers and effective teaching
2.24practices and improve student learning and success, the annual evaluation process for
2.25continuing contract teachers must:
2.26(1) be a collaborative effort between teachers and school administrators to develop
2.27and implement a teacher evaluation process that is based on professional teaching
2.28standards and includes both formative assessments to improve instruction through
2.29identifying teachers' strengths and weaknesses and summative assessments conducted at
2.30least once every three school years and used to make personnel decisions, consistent
2.31with clause (2);
2.32(2) coordinate staff development activities under section 122A.60 with this
2.33evaluation process and teachers' evaluation outcomes and give teachers not meeting
2.34standards of effective practice sufficient support to improve;
3.1(3) include in-class observations by both licensed mentor teachers and school
3.2administrators who are trained evaluators, use a valid observation framework or protocol,
3.3and periodically undergo a reliability review;
3.4(4) provide peer coaching or have teachers participate in professional learning
3.5communities, consistent with paragraph (a);
3.6(5) require teachers to develop and present a portfolio demonstrating evidence
3.7of reflection and professional growth, consistent with section 122A.18, subdivision
3.84, paragraph (b), using criteria developed by the board of teaching to reliably assess
3.9portfolio content, and include teachers' own performance assessment based on student
3.10work samples, student and family surveys, and videotapes of teachers' work, among
3.11other activities;
3.12(6) demonstrate teachers' content knowledge and teaching skills; and
3.13(7) use longitudinal data on student academic growth, student attendance, student
3.14engagement and connection, and other outcome measures as evaluation components.
3.15EFFECTIVE DATE.This section is effective the day following final enactment
3.16and applies beginning when a district next enters into or modifies a collective bargaining
3.17agreement or by the 2011-2012 school year, whichever comes first."
3.18Page 33, after line 20, insert:

3.19    "Sec. 19. Minnesota Statutes 2009 Supplement, section 123B.143, subdivision 1,
3.20is amended to read:
3.21    Subdivision 1. Contract; duties. All districts maintaining a classified secondary
3.22school must employ a superintendent who shall be an ex officio nonvoting member of the
3.23school board. The authority for selection and employment of a superintendent must be
3.24vested in the board in all cases. An individual employed by a board as a superintendent
3.25shall have an initial employment contract for a period of time no longer than three years
3.26from the date of employment. Any subsequent employment contract must not exceed a
3.27period of three years. A board, at its discretion, may or may not renew an employment
3.28contract. A board must not, by action or inaction, extend the duration of an existing
3.29employment contract. Beginning 365 days prior to the expiration date of an existing
3.30employment contract, a board may negotiate and enter into a subsequent employment
3.31contract to take effect upon the expiration of the existing contract. A subsequent contract
3.32must be contingent upon the employee completing the terms of an existing contract. If a
3.33contract between a board and a superintendent is terminated prior to the date specified in
3.34the contract, the board may not enter into another superintendent contract with that same
3.35individual that has a term that extends beyond the date specified in the terminated contract.
4.1A board may terminate a superintendent during the term of an employment contract for any
4.2of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
4.3not rely upon an employment contract with a board to assert any other continuing contract
4.4rights in the position of superintendent under section 122A.40. Notwithstanding the
4.5provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
4.6to the contrary, no individual shall have a right to employment as a superintendent based
4.7on order of employment in any district. If two or more districts enter into an agreement for
4.8the purchase or sharing of the services of a superintendent, the contracting districts have
4.9the absolute right to select one of the individuals employed to serve as superintendent
4.10in one of the contracting districts and no individual has a right to employment as the
4.11superintendent to provide all or part of the services based on order of employment in a
4.12contracting district. The superintendent of a district shall perform the following:
4.13    (1) visit and supervise the schools in the district, report and make recommendations
4.14about their condition when advisable or on request by the board;
4.15    (2) recommend to the board employment and dismissal of teachers;
4.16    (3) annually evaluate each school principal and assistant principal assigned
4.17responsibility for supervising a school building within the district, consistent with section
4.18123B.147, subdivision 3, paragraph (b);
4.19(4) superintend school grading practices and examinations for promotions;
4.20    (4) (5) make reports required by the commissioner; and
4.21    (5) (6) perform other duties prescribed by the board.
4.22EFFECTIVE DATE.This section is effective the day following final enactment
4.23and applies beginning when a district next enters into or modifies a collective bargaining
4.24agreement or by the 2011-2012 school year, whichever comes first.

4.25    Sec. 20. Minnesota Statutes 2008, section 123B.147, subdivision 3, is amended to read:
4.26    Subd. 3. Duties; evaluation. (a) The principal shall provide administrative,
4.27supervisory, and instructional leadership services, under the supervision of the
4.28superintendent of schools of the district and in accordance with according to the policies,
4.29rules, and regulations of the school board of education, for the planning, management,
4.30operation, and evaluation of the education program of the building or buildings to which
4.31the principal is assigned.
4.32(b) To enhance principals' leadership skills and support and improve teachers'
4.33teaching practices, the school board and the exclusive representative of the school
4.34principals of the district must negotiate a plan for an annual evaluation of the school
5.1principals and assistant principals assigned responsibility for supervising a school building
5.2within the district. The annual evaluation process must:
5.3(1) be designed to support and improve principals' instructional leadership
5.4defined in the plan, organizational management, and professional development, and
5.5strengthen principals' capacity in the areas of instruction, supervision, evaluation, and the
5.6development of teachers and highly effective school organizations;
5.7(2) include formative and summative evaluations;
5.8(3) be consistent with the principals' job description, district long-term plans and
5.9goals, and principals' own professional multi-year growth plans and goals;
5.10(4) include on-the-job observations, team assessments and evaluations, and verbal
5.11and written feedback on performance;
5.12(5) require feedback from teachers, support staff, students, and parents;
5.13(6) use longitudinal data on student academic growth as an evaluation component;
5.14and
5.15(7) be linked to professional development.
5.16EFFECTIVE DATE.This section is effective the day following final enactment
5.17and applies beginning when a district next enters into or modifies a collective bargaining
5.18agreement or by the 2011-2012 school year, whichever comes first."
5.19Page 41, after line 28, insert:

5.20    "Sec. 23. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 11,
5.21is amended to read:
5.22    Subd. 11. Employment and other operating matters. (a) A charter school must
5.23employ or contract with necessary teachers, as defined by section 122A.15, subdivision
5.241 , who hold valid licenses to perform the particular service for which they are employed
5.25in the school. The charter school's state aid may be reduced under section 127A.43
5.26if the school employs a teacher who is not appropriately licensed or approved by the
5.27board of teaching. The school may employ necessary employees who are not required to
5.28hold teaching licenses to perform duties other than teaching and may contract for other
5.29services. The school may discharge teachers and nonlicensed employees. The charter
5.30school board is subject to section 181.932. When offering employment to a prospective
5.31employee, a charter school must give that employee a written description of the terms and
5.32conditions of employment and the school's personnel policies. The terms and conditions
5.33of employment must include an annual teacher evaluation that is substantively consistent
5.34with section 122A.40, subdivision 8, paragraph (b).
6.1(b) A person, without holding a valid administrator's license, may perform
6.2administrative, supervisory, or instructional leadership duties. The board of directors shall
6.3establish qualifications for persons that hold administrative, supervisory, or instructional
6.4leadership roles. The qualifications shall include at least the following areas: instruction
6.5and assessment; human resource and personnel management; financial management;
6.6legal and compliance management; effective communication; and board, authorizer, and
6.7community relationships. The board of directors shall use those qualifications as the
6.8basis for job descriptions, hiring, and performance evaluations, substantively consistent
6.9with section 123B.147, subdivision 3, paragraph (b), of those who hold administrative,
6.10supervisory, or instructional leadership roles. The board of directors and an individual
6.11who does not hold a valid administrative license and who serves in an administrative,
6.12supervisory, or instructional leadership position shall develop a professional development
6.13plan. Documentation of the implementation of the professional development plan of these
6.14persons shall be included in the school's annual report.
6.15(c) The board of directors also shall decide matters related to the operation of the
6.16school, including budgeting, curriculum and operating procedures.
6.17EFFECTIVE DATE.This section is effective for the 2011-2012 school year and
6.18later."
6.19Renumber the sections in sequence and correct the internal references
6.20Amend the title accordingly