1.1.................... moves to amend H.F. No. 3163 as follows:
1.2Page 20, after line 2, insert:
1.3 "Sec. 13. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 11,
1.4is amended to read:
1.5 Subd. 11.
Employment and other operating matters. (a) A charter school must
1.6employ or contract with necessary teachers, as defined by section
122A.15, subdivision 1,
1.7who hold valid licenses to perform the particular service for which they are employed in
1.8the school. The charter school's state aid may be reduced under section
127A.43 if the
1.9school employs a teacher who is not appropriately licensed or approved by the board of
1.10teaching. The school may employ necessary employees who are not required to hold
1.11teaching licenses to perform duties other than teaching and may contract for other services.
1.12(b) A teacher's initial employment contract must be in writing, include terms and
1.13conditions of employment, and be signed by the employee and the charter school board of
1.14directors. The school may discharge
or discipline teachers and nonlicensed employees
1.15for just cause.
The charter school board is subject to section
181.932. When offering
1.16employment to a prospective employee, a charter school must give that employee a written
1.17description of the terms and conditions of employment and the school's personnel policies.
1.18A charter school must give a teacher written notice of its intent to discharge or discipline
1.19that teacher. A teacher who is discharged or disciplined may make a written request to the
1.20charter school for a hearing before an arbitrator within 14 calendar days after receiving
1.21notice of the discharge or discipline. A charter school, within two business days after
1.22receiving the teacher's request for a hearing, must request from the Bureau of Mediation
1.23Services a list of five persons to serve as an arbitrator. The teacher and the charter school
1.24shall alternately strike names from the list until the name of one arbitrator remains. The
1.25question of who strikes first must be decided by a coin toss. The teacher and the charter
1.26school must share equally in the arbitrator's costs and fees.
2.1(c) The charter school board of directors shall not discharge, discipline, threaten or
2.2discriminate against, or penalize an employee regarding the employee's compensation,
2.3terms or conditions of work, or location or privileges of employment because the
2.4employee, or a person acting on the employee's behalf, reports information in good faith
2.5to the department, the state of Minnesota, a local law enforcement agency, the charter
2.6school board, or a school administrator concerning the school's financial circumstances,
2.7educational performance, a conflict of interest, or other violation of law or school policy.
2.8Reasonable attorney fees must be awarded to a substantially prevailing employee if action
2.9is taken that violates this paragraph.
2.10(b) (d) A person, without holding a valid administrator's license, may perform
2.11administrative, supervisory, or instructional leadership duties. The board of directors shall
2.12establish qualifications for persons that hold administrative, supervisory, or instructional
2.13leadership roles. The qualifications shall include at least the following areas: instruction
2.14and assessment; human resource and personnel management; financial management;
2.15legal and compliance management; effective communication; and board, authorizer, and
2.16community relationships. The board of directors shall use those qualifications as the basis
2.17for job descriptions, hiring, and performance evaluations of those who hold administrative,
2.18supervisory, or instructional leadership roles. The board of directors and an individual
2.19who does not hold a valid administrative license and who serves in an administrative,
2.20supervisory, or instructional leadership position shall develop a professional development
2.21plan. Documentation of the implementation of the professional development plan of these
2.22persons shall be included in the school's annual report.
2.23(c) (e) The board of directors also shall decide matters related to the operation of the
2.24school, including budgeting, curriculum and operating procedures.
2.25EFFECTIVE DATE.This section is effective the day following final enactment
2.26and applies to all charter school agreements entered into or modified after that date."
2.27Renumber the sections in sequence and correct the internal references
2.28Amend the title accordingly