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


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

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

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

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

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

3.20    Sec. 6. [122A.411] TEACHER EVALUATIONS.
3.21    Subdivision 1. Evaluation structure. A teacher evaluation structure is established
3.22to provide information about teacher effectiveness for teachers, districts, and charter
3.23schools to use in developing and improving teacher performance and student learning.
3.24The three-part structure contains:
3.25(1) a teacher appraisal framework that identifies performance measures for
3.26determining teacher effectiveness;
3.27(2) a mechanism for translating the performance data into a five-part teacher
3.28effectiveness rating scale; and
3.29(3) a four-tier status designation that identifies teachers as standard, advanced,
3.30distinguished, or exemplary based on a teacher's effectiveness rating over time.
3.31    Subd. 2. Teacher appraisal framework. (a) Each school district and charter
3.32school must create and implement a teacher appraisal framework. The framework must
3.33translate performance measures and scores under this subdivision into five performance
4.1effectiveness rating scores where "5" is the highest rating and "1" is the lowest rating. The
4.2department, in collaboration with the Board of Teaching, must make available to districts
4.3and charter schools appraisal frameworks and other materials from evidence-based
4.4sources to assist districts and charter schools in implementing an appraisal framework,
4.5consistent with this section.
4.6(b) If statewide assessment results are available under section 120B.35, these results
4.7are the basis for 50 percent of a teacher's total appraisal.
4.8(c) If statewide assessment results are unavailable, 40 percent of a teacher's total
4.9appraisal must consist of results from districtwide assessments of state and local standards
4.10and another ten percent of the teacher's total appraisal must consist of results from
4.11teacher-developed assessments.
4.12(d) If no districtwide assessment results are available, 50 percent of a teacher's total
4.13appraisal must consist of teacher-developed and administrator-approved assessments of
4.14state and local standards. A school administrator shall meet with teachers at least annually
4.15under this paragraph to review, modify if needed, and approve local course and grade level
4.16expectations for student achievement and growth.
4.17(e) A charter school or a school board, in consultation with its teachers, must identify
4.18the performance measures used as a basis for the other 50 percent of a teacher's total
4.19appraisal, under this subdivision. The appraisal must include data from parent surveys
4.20and at least two annual evaluations performed by a trained school administrator. Other
4.21performance measures may include student surveys, peer observations and review, teacher
4.22performance portfolios, video classroom observations with teacher reflection after viewing
4.23videos, measures approved as part of an educational improvement plan under section
4.24122A.413, and other highly reliable research-based measures.
4.25    Subd. 3. Teacher performance effectiveness ratings. (a) Beginning the 2012-2013
4.26school year, and consistent with subdivision 2, a school district or charter school annually
4.27must use the following scale to determine a teacher performance effectiveness rating, and
4.28corresponding status designation under subdivision 4, for each teacher who teaches a
4.29subject for which statewide assessment results are available under section 120B.35:
4.30(1) a teacher is "highly effective" if the teacher's appraisal shows that the teacher's
4.31students, on average, achieved one and one-half or more years of growth on statewide
4.32assessments and the teacher received a "5" performance rating under the district or charter
4.33school appraisal framework;
4.34(2) a teacher is "effective" if the teacher's appraisal shows that the teacher's students,
4.35on average, achieved at least one year of growth on statewide assessments and the teacher
4.36received a "4" performance rating under the district or charter school appraisal framework;
5.1(3) a teacher is "average" if the teacher's appraisal shows that the teacher's students,
5.2on average, achieved at least .9 years of growth on statewide student assessments and the
5.3teacher received a "3" performance rating under the district or charter school appraisal
5.4framework;
5.5(4) a teacher "needs improvement" if the teacher's appraisal shows that the teacher's
5.6students, on average, achieved between .5 and .9 years of growth on statewide assessments
5.7or the teacher received a "2" or lower performance rating under the district or charter
5.8school appraisal framework; and
5.9(5) a teacher is "ineffective" if the teacher's appraisal shows that the teacher's
5.10students, on average, achieved less than one-half year of growth on statewide assessments
5.11and the teacher received a "1" performance rating under the district or charter school
5.12appraisal framework.
5.13(b) Beginning the 2012-2013 school year, and consistent with subdivision 2, a
5.14school district or charter school annually must use the following teacher performance
5.15effectiveness rating scale, and corresponding status designation under subdivision 4, for
5.16each teacher who teaches a subject for which no statewide assessment data exist:
5.17(1) a teacher is "highly effective" if the teacher receives a "5" performance rating
5.18under the district or charter school appraisal framework;
5.19(2) a teacher is "effective" if the teacher receives a "4" performance rating under the
5.20district or charter school appraisal framework;
5.21(3) a teacher is "average" if the teacher receives a "3" performance rating under the
5.22district or charter school appraisal framework;
5.23(4) a teacher "needs improvement" if the teacher receives a "2" performance rating
5.24under the district or charter school appraisal framework; and
5.25(5) a teacher is "ineffective" if the teacher receives a "1" performance rating under
5.26the district or charter school appraisal framework.
5.27    Subd. 4. Teacher status designations. A school district or charter school shall
5.28establish a four-tier status designation for identifying teachers' effectiveness, consistent
5.29with this section, using measures of teacher performance and student learning as they
5.30relate to meeting state and local education standards.
5.31(b) To receive a "standard" designation, a probationary teacher during the three-year
5.32probationary period must receive at least one rating of "average," "effective," or "highly
5.33effective" under the district or charter school appraisal framework and meet applicable
5.34professional development requirements.
5.35(c) A licensed teacher who has a "standard" designation must receive a rating
5.36of "average," "effective," or "highly effective" in four years out of each five-year
6.1employment period and meet applicable professional development requirements to receive
6.2an "advanced" status designation.
6.3(d) A teacher who receives a "highly effective" rating in three years out of a five-year
6.4employment period and meets applicable professional development requirements receives
6.5a "distinguished" status designation.
6.6(e) A teacher who receives a "highly effective" rating in seven years during two
6.7consecutive five-year employment periods and meets applicable professional development
6.8requirements receives an "exemplary" status designation.
6.9(f) A teacher who receives a "distinguished" or "exemplary" status designation
6.10keeps that designation for the remainder of the five-year employment period in which the
6.11teacher received the designation.
6.12    Subd. 5. Data gathering and analysis. Beginning in the 2012-2013 school
6.13year, the department, in consultation with the Board of Teaching, shall assist a school
6.14district or charter school in collecting and aggregating student data needed to implement
6.15subdivisions 2, 3, and 4. If the school district or charter school and the department agree
6.16that is an ongoing need exists for department assistance, the district or charter school and
6.17the department shall enter into a data sharing agreement. Any data on individual students
6.18or teachers received, collected, or created that are used to generate summary data under
6.19this section are nonpublic data under chapter 13.
6.20    Subd. 6. Reports. (a) Beginning in the 2012-2013 school year, each school district
6.21and charter school annually shall report to the department by August 31 the following
6.22information about the school year just completed:
6.23(1) each teacher's performance effectiveness rating determined under subdivision 2,
6.24paragraph (b), (c), or (d);
6.25(2) each teacher's performance effectiveness rating determined under subdivision 2,
6.26paragraph (e);
6.27(3) each teacher's status designation under subdivision 4;
6.28(4) each teacher's professional preparation program;
6.29(5) its appraisal framework; and
6.30(6) its graduation rate.
6.31(b) Beginning in 2014, the department annually by February 15 shall submit a
6.32report to the committees of the legislature with primary jurisdiction over kindergarten
6.33through grade 12 education policy and finance, that analyzes and evaluates summary data
6.34generated under paragraph (a) to determine the effectiveness of teacher appraisal systems
6.35in improving teaching and learning.
7.1EFFECTIVE DATE.This section is effective the day following final enactment
7.2and applies to the 2011-2012 school year and later.

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

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

10.26    Sec. 9. [122A.73] SCHOOL ADMINISTRATOR DEVELOPMENT.
10.27A school board and the school administrators in a district must collaboratively
10.28establish a professional development model for school administrators that uses the
10.29district's professional development resources, including those resources under sections
10.30122A.414, if applicable, 122A.60, and 122A.61. The professional development model
10.31must, at a minimum:
10.32(1) provide professional development to accurately and effectively evaluate teachers
10.33under section 122A.411;
10.34(2) provide professional development to better recommend appropriate professional
10.35development strategies for teachers;
11.1(3) make appropriate recommendations for principals to participate in development
11.2opportunities, including the Principals' Leadership Institute under section 122A.74 or
11.3other statewide development programs; and
11.4(4) provide professional development opportunities targeted to identifying
11.5systematic strengths and weaknesses within a school.
11.6EFFECTIVE DATE.This section is effective July 1, 2012.

11.7    Sec. 10. APPRAISAL IMPLEMENTATION TIMELINE.
11.8Consistent with Minnesota Statutes, section 122A.411, districts and charter schools
11.9shall implement the teacher appraisal framework according to the following timeline:
11.10(1) in the 2011-2012 school year, develop an appraisal framework and a system
11.11to collect data;
11.12(2) in the 2012-2013 school year, implement the teacher appraisal framework and
11.13data collection system as a pilot program; and
11.14(3) beginning in the 2013-2014 school year, fully implement the teacher appraisal
11.15framework and data collection system.
11.16EFFECTIVE DATE.This section is effective the day following final enactment.


11.19    Section 1. Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:
11.20    Subdivision 1. School performance report cards. (a) The commissioner
11.21shall report student academic performance under section 120B.35, subdivision 2; the
11.22percentages of students showing low, medium, and high growth under section 120B.35,
11.23subdivision 3 , paragraph (b); school safety and student engagement and connection
11.24under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
11.25120B.35, subdivision 3 , paragraph (c); two separate student-to-teacher ratios that clearly
11.26indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
11.27purposes of determining these ratios; staff characteristics excluding salaries; the number
11.28of teachers in each performance effectiveness rating category under section 122A.411,
11.29subdivision 3, by school site; student enrollment demographics; district mobility; and
11.30extracurricular activities. The report also must indicate a school's adequate yearly progress
11.31status, and must not set any designations applicable to high- and low-performing schools
11.32due solely to adequate yearly progress status.
12.1    (b) The commissioner shall develop, annually update, and post on the department
12.2Web site school performance report cards.
12.3    (c) The commissioner must make available performance report cards by the
12.4beginning of each school year.
12.5    (d) A school or district may appeal its adequate yearly progress status in writing to
12.6the commissioner within 30 days of receiving the notice of its status. The commissioner's
12.7decision to uphold or deny an appeal is final.
12.8    (e) School performance report card data are nonpublic data under section 13.02,
12.9subdivision 9 , until not later than ten days after the appeal procedure described in
12.10paragraph (d) concludes. The department shall annually post school performance report
12.11cards to its public Web site no later than September 1.
12.12EFFECTIVE DATE.This section is effective July 1, 2014.

12.13    Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:
12.14    Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
12.15first teaching experience in Minnesota in a single district is deemed to be a probationary
12.16period of employment, and after completion thereof, the probationary period in each
12.17district in which the teacher is thereafter employed shall be one year. The school board
12.18must issue an annual employment contract and adopt a plan for written evaluation of
12.19teachers during the probationary period that complies with section 122A.411. During the
12.20first 60 school days only of a probationary teacher's first year of employment, the board
12.21may terminate the teacher at will. Evaluation must occur at least three times each year for a
12.22teacher performing services on 120 or more school days, at least two times each year for a
12.23teacher performing services on 60 to 119 school days, and at least one time each year for a
12.24teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
12.25conferences, teachers' workshops, and other staff development opportunities and days on
12.26which a teacher is absent from school must not be included in determining the number
12.27of school days on which a teacher performs services. Except as otherwise provided in
12.28paragraph (b), during the probationary period any annual contract with any teacher may or
12.29may not be renewed as the school board shall see fit. However, The board must give any
12.30such probationary teacher whose contract it declines to renew for the following school
12.31year written notice to that effect before July 1. If the teacher requests reasons for any
12.32nonrenewal of a teaching contract, the board must give the teacher its reason in writing,
12.33including a statement that appropriate supervision was furnished describing the nature and
12.34the extent of such supervision furnished the teacher during the employment by the board,
12.35within ten days after receiving such request. The school board may, after a hearing held
13.1upon due notice, discharge a teacher during the probationary period for cause, effective
13.2immediately, under section 122A.44.
13.3(b) A board must discharge a probationary teacher, effective immediately, upon
13.4receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
13.5license has been revoked due to a conviction for child abuse or sexual abuse.
13.6(c) A probationary teacher whose first three years of consecutive employment are
13.7interrupted for active military service and who promptly resumes teaching consistent with
13.8federal reemployment timelines for uniformed service personnel under United States
13.9Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
13.10for purposes of paragraph (a).
13.11(d) A probationary teacher must complete at least 60 days of teaching service each
13.12year during the probationary period. Days devoted to parent-teacher conferences, teachers'
13.13workshops, and other staff development opportunities and days on which a teacher is
13.14absent from school do not count as days of teaching service under this paragraph.
13.15(e) A district must decide whether to issue a contract to a probationary teacher at the
13.16end of the teacher's probationary period based on:
13.17(1) the teacher's professional growth plan based on standards of effective professional
13.18practice, student learning goals, and teacher evaluations under this subdivision that
13.19comply with section 122A.411;
13.20(2) the teacher's appraisal results and performance effectiveness rating under section
13.21122A.411; and
13.22(3) other locally selected criteria aligned to instructional practices in teaching and
13.23learning.
13.24(f) The school board shall notify a teacher in writing before April 1 of its decision to
13.25renew or terminate the teacher's employment.
13.26EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
13.27later.

13.28    Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to read:
13.29    Subd. 7. Termination of contract after probationary period. (a) A teacher who
13.30has completed a probationary period in any district, and who has not been discharged or
13.31advised of a refusal to renew the teacher's contract under subdivision 5, shall elect to have
13.32a continuing renewable five-year contract with such the district where contract terms and
13.33conditions, including salary and salary increases, are established based either on the length
13.34of the school calendar or an extended school calendar under section 120A.415. Thereafter,
13.35The teacher's contract must remain in full force and effect, except as modified by mutual
14.1consent of the board and the teacher, until terminated by a majority roll call vote of the full
14.2membership of the board prior to April 1 upon one of the grounds specified in subdivision
14.39 or July 1 upon one of the grounds specified in subdivision 10 or 11, or until the teacher
14.4is discharged pursuant to subdivision 13, or by the written resignation of the teacher
14.5submitted prior to April 1. If an agreement as to the terms and conditions of employment
14.6for the succeeding school year has not been adopted pursuant to the provisions of sections
14.7179A.01 to 179A.25 prior to March 1, the teacher's right of resignation is extended to the
14.830th calendar day following the adoption of said the contract in compliance with under
14.9section 179A.20, subdivision 5. Such Written resignation by the teacher is effective as
14.10of on June 30 if submitted prior to before that date and the teachers' teacher's right of
14.11resignation for the next school year then beginning shall cease on July 15.
14.12(b) Before a teacher's contract is terminated by the board, the board must notify
14.13the teacher in writing and state its ground for the proposed termination in reasonable
14.14detail together with a statement that the teacher may make a written request for a hearing
14.15before the board within 14 days after receipt of such notification. If the grounds are those
14.16specified in subdivision 9 or 13, the notice must also state a teacher may request arbitration
14.17under subdivision 15. Within 14 days after receipt of this notification the teacher may
14.18make a written request for a hearing before the board or an arbitrator and it shall be
14.19granted upon reasonable notice to the teacher of the date set for hearing, before final action
14.20is taken. If no hearing is requested within such period, it shall be deemed acquiescence by
14.21the teacher to the board's action. Such The teacher's termination shall take effect at the
14.22close of the school year in which the contract is terminated in the manner aforesaid must
14.23comply with subdivision 9 or 13. Such A contract may be terminated at any time by mutual
14.24consent of the board and the teacher and this section does not affect the powers of a board
14.25to suspend, discharge, or demote a teacher under and pursuant to other provisions of law.
14.26(b) (c) A teacher electing to have a continuing contract based on the extended school
14.27calendar under section 120A.415 must participate in staff development training under
14.28subdivision 7a and shall receive an increased base salary.
14.29EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
14.30later.

14.31    Sec. 4. Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
14.32to read:
14.33    Subd. 7b. Teacher employment. (a) A school district must use a teacher appraisal
14.34framework to make informed decisions about teacher development and performance.
15.1Teachers must participate in ongoing professional development to improve teaching and
15.2learning throughout a term of employment.
15.3(b) After completing the initial three-year probationary period, without discharge, a
15.4teacher who is reemployed by a school board continues in service and holds that position
15.5during good behavior and efficient and competent service for a renewable five-year term.
15.6The terms and conditions of a teacher's employment contract, including salary and salary
15.7increases, must be based either on the length of the school year or an extended school
15.8calendar under section 120A.415.
15.9(c) At the end of every five-year term, the school board either must continue or
15.10terminate a teacher's employment based on:
15.11(1) a portfolio of the teacher's five-year professional growth plan based on standards
15.12of professional practice, student learning, and successful teacher evaluations, consistent
15.13with section 122A.411, that are conducted at least twice per year by a trained school
15.14administrator;
15.15(2) the teacher's appraisal results and performance effectiveness rating under section
15.16122A.411; and
15.17(3) other locally selected criteria aligned to instructional practices in teaching and
15.18learning.
15.19EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
15.20later.

15.21    Sec. 5. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
15.22    Subd. 9. Grounds for termination. (a) A continuing contract may be terminated,
15.23effective at the close of the school year, upon any of the following grounds:
15.24(a) (1) inefficiency;
15.25(b) (2) neglect of duty, or persistent violation of school laws, rules, regulations,
15.26or directives;
15.27(c) (3) conduct unbecoming a teacher which materially impairs the teacher's
15.28educational effectiveness;
15.29(d) (4) other good and sufficient grounds rendering the teacher unfit to perform the
15.30teacher's duties.; or
15.31(5) the teacher is ineffective under section 122A.411 and not recommended by the
15.32district for continued employment under this section.
15.33(b) A contract must not be terminated upon one of the grounds specified in clause
15.34under paragraph (a), (b), (c), or (d), clause (5), unless the teacher fails to correct the
16.1deficiency after being given written notice of the specific items of complaint and
16.2reasonable time within which 180 days after receiving the notice to remedy them.
16.3EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
16.4later.

16.5    Sec. 6. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:
16.6    Subd. 10. Negotiated unrequested leave of absence. The school board and the
16.7exclusive bargaining representative of the teachers may negotiate a plan providing for
16.8unrequested leave of absence without pay or fringe benefits for as many teachers as may
16.9be necessary because of discontinuance of position, lack of pupils, financial limitations, or
16.10merger of classes caused by consolidation of districts. Failing to successfully negotiate
16.11such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
16.12include provisions which would result in the exercise of seniority by a teacher holding a
16.13provisional license, other than a vocational education license, contrary to the provisions of
16.14subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license,
16.15other than a vocational education license, contrary to the provisions of subdivision 11,
16.16clause (e). The provisions of section 179A.16 do not apply for the purposes of this
16.17subdivision.
16.18EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
16.19later.

16.20    Sec. 7. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
16.21    Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
16.22leave of absence, without pay or fringe benefits, as many teachers as may be necessary
16.23because of discontinuance of position, lack of pupils, financial limitations, or merger of
16.24classes caused by consolidation of districts. The unrequested leave is effective at the close
16.25of the school year. In placing teachers on unrequested leave, the superintendent may
16.26exempt from the effects of paragraphs (b) to (f) those teachers who, in the superintendent's
16.27judgment, are able to provide instruction that similarly licensed teachers cannot provide or
16.28whose subject area license meets unmet district needs for student instruction. The board is
16.29governed by the following provisions: paragraphs (b) to (k).
16.30(a) The board may place probationary teachers on unrequested leave first in the
16.31inverse order of their employment. A teacher who has acquired continuing contract rights
16.32must not be placed on unrequested leave of absence while probationary teachers are
17.1retained in positions for which the teacher who has acquired continuing contract rights is
17.2licensed;
17.3(b) Teachers who have acquired continuing contract rights shall be placed on
17.4unrequested leave of absence in fields in which they are licensed in the following order:
17.5(1) probationary teachers and teachers with a "needs improvement" or "ineffective"
17.6rating under section 122A.411 in the inverse order in which they were employed by the
17.7school district.;
17.8(2) teachers with an "average" rating under section 122A.411 with four or more
17.9years of teaching experience in the inverse order in which they were employed by the
17.10school district;
17.11(3) teachers with an "effective" rating under section 122A.411 with fewer than
17.12four years of teaching experience in the inverse order in which they were employed by
17.13the school district;
17.14(4) teachers with a "highly effective" rating under section 122A.411 in the inverse
17.15order in which they were employed by the school district;
17.16(5) teachers with a "distinguished" rating under section 122A.411 in the inverse
17.17order in which they were employed by the school district; and
17.18(6) a teachers with an "exemplary" rating under section 122A.411 in the inverse
17.19order in which they were employed by the school district.
17.20(c) In the case of equal seniority within a clause of paragraph (b), the order in which
17.21teachers who have acquired continuing contract rights shall be placed on unrequested
17.22leave of absence in fields in which they are licensed is negotiable;.
17.23(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
17.24any seniority when that exercise results in that teacher being retained by the district in a
17.25field for which the teacher holds only a provisional license, as defined by the board of
17.26teaching, unless that exercise of seniority results in the placement on unrequested leave of
17.27absence of another teacher who also holds a provisional license in the same field. The
17.28provisions of this clause do not apply to vocational education licenses;
17.29(d) Notwithstanding clauses (a), paragraphs (b) and (c), if the placing of a
17.30probationary teacher on unrequested leave before a teacher who has acquired continuing
17.31rights, the placing of a teacher who has acquired continuing contract rights on unrequested
17.32leave before another teacher who has acquired continuing contract rights but who has
17.33greater seniority, or the restriction restrictions imposed by the provisions of clause
17.34paragraph (b) or (c) would place the district in violation of its affirmative action program,
17.35the district may retain the probationary teacher, the teacher with less seniority, or the
17.36provisionally licensed teacher;with a lower designated status or less seniority.
18.1(e) Teachers placed on unrequested leave of absence must be reinstated to the
18.2positions from which they have been given leaves of absence or, if not available, to
18.3other available positions in the school district in fields in which they are licensed.
18.4Reinstatement must be in the inverse order of placement on leave of absence. A teacher
18.5must not be reinstated to a position in a field in which the teacher holds only a provisional
18.6license, other than a vocational education license, while another teacher who holds a
18.7nonprovisional license in the same field remains on unrequested leave. The order of
18.8reinstatement of teachers who have equal seniority and who are placed on unrequested
18.9leave in the same school year is negotiable;.
18.10(f) Appointment of a new teacher must not be made while there is available, on
18.11unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
18.12teacher fails to advise the school board within 30 days of the date of notification that a
18.13position is available to that teacher who may return to employment and assume the duties
18.14of the position to which appointed on a future date determined by the board;.
18.15(g) A teacher placed on unrequested leave of absence may engage in teaching or any
18.16other occupation during the period of this leave;.
18.17(h) The unrequested leave of absence must not impair the continuing contract rights
18.18of a teacher or result in a loss of credit for previous years of service;.
18.19(i) The unrequested leave of absence of a teacher who is placed on unrequested leave
18.20of absence and who is not reinstated shall continue for a period of five years until that
18.21teacher's contract expires under subdivision 7b, after which the right to reinstatement shall
18.22terminate. The teacher's right to reinstatement shall also terminate if the teacher fails to
18.23file with the board by April 1 of any year a written statement requesting reinstatement;.
18.24(j) The same provisions applicable to terminations of probationary or continuing
18.25contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
18.26absence;.
18.27(k) Nothing in this subdivision shall be construed to impair the rights of teachers
18.28placed on unrequested leave of absence to receive unemployment benefits if otherwise
18.29eligible.
18.30EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
18.31later.

18.32    Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
18.33    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
18.34the public schools in cities of the first class during the first three years of consecutive
18.35employment shall be deemed to be in a probationary period of employment during which
19.1period any annual contract with any teacher may, or may not, be renewed as the school
19.2board, after consulting with the peer review committee charged with evaluating the
19.3probationary teachers under subdivision 3, shall see fit. The school site management
19.4team or the school board if there is no school site management team, shall issue an
19.5annual employment contract and adopt a plan for a written evaluation of teachers during
19.6the probationary period according to subdivision 3 is consistent with section 122A.411.
19.7During the first sixty days only of a probationary teacher's first year of employment, the
19.8board may terminate the teacher at will. Evaluation by the peer review committee charged
19.9with evaluating of probationary teachers under subdivision 3 shall occur at least three
19.10times each year for a teacher performing services on 120 or more school days, at least
19.11two times each year for a teacher performing services on 60 to 119 school days, and
19.12at least one time each year for a teacher performing services on fewer than 60 school
19.13days. Days devoted to parent-teacher conferences, teachers' workshops, and other staff
19.14development opportunities and days on which a teacher is absent from school shall not be
19.15included in determining the number of school days on which a teacher performs services.
19.16The school board may, during such probationary period, discharge or demote a teacher
19.17for any of the causes as specified in this code. A written statement of the cause of such
19.18discharge or demotion shall be given to the teacher by the school board at least 30 days
19.19before such removal or demotion shall become effective, and the teacher so notified shall
19.20have no right of appeal therefrom.
19.21(b) A probationary teacher whose first three years of consecutive employment are
19.22interrupted for active military service and who promptly resumes teaching consistent with
19.23federal reemployment timelines for uniformed service personnel under United States
19.24Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
19.25for purposes of paragraph (a).
19.26(c) A probationary teacher must complete at least 60 days of teaching service each
19.27year during the probationary period. Days devoted to parent-teacher conferences, teachers'
19.28workshops, and other staff development opportunities and days on which a teacher is
19.29absent from school do not count as days of teaching service under this paragraph.
19.30(d) A district must decide whether to issue a contract to a probationary teacher at the
19.31end of the teacher's probationary period based on:
19.32(1) a portfolio of the teacher's professional growth plan based on standards of
19.33effective professional practice, student learning goals, and successful teacher evaluations,
19.34consistent with section 122A.411, that are conducted at least twice per year by a trained
19.35school administrator;
20.1(2) the teacher's appraisal results and performance effectiveness rating under section
20.2122A.411; and
20.3(3) other locally selected criteria aligned to instructional practices in teaching and
20.4learning.
20.5(e) The school board shall notify a teacher in writing before April 1 of its decision to
20.6renew or terminate the teacher's employment.
20.7EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
20.8later.

20.9    Sec. 9. Minnesota Statutes 2010, section 122A.41, subdivision 4, is amended to read:
20.10    Subd. 4. Period of service after probationary period; discharge or demotion
20.11Teacher employment. (a) A school district must use a teacher appraisal framework
20.12to make informed decisions about teacher development and performance. Teachers
20.13must participate in ongoing professional development to improve teaching and learning
20.14throughout a term of employment.
20.15(b) After the completion of such completing the initial three-year probationary
20.16period, without discharge, such teachers as are a teacher who is thereupon reemployed
20.17shall continue in service and hold their respective that position during good behavior and
20.18efficient and competent service for a renewable five-year term and must not be discharged
20.19or demoted except for cause after a hearing. The terms and conditions of a teacher's
20.20employment contract, including salary and salary increases, must be based either on the
20.21length of the school year or an extended school calendar under section 120A.415.
20.22(b) A probationary teacher is deemed to have been reemployed for the ensuing
20.23school year, unless the school board in charge of such school gave such teacher notice in
20.24writing before July 1 of the termination of such employment.
20.25(c) A teacher electing to have an employment contract based on the extended school
20.26calendar under section 120A.415 must participate in staff development training under
20.27subdivision 4a and shall receive an increased base salary.
20.28(d) At the end of every five-year term, the school board either must continue or
20.29terminate a teacher's employment based on:
20.30(1) a portfolio of the teacher's five-year professional growth plan based on standards
20.31of professional practice, student learning, and successful teacher evaluations, consistent
20.32with section 122A.411, that are conducted at least twice per year by a trained school
20.33administrator;
20.34(2) the teacher's appraisal results and performance effectiveness rating under section
20.35122A.411; and
21.1(3) other locally selected criteria aligned to instructional practices in teaching and
21.2learning.
21.3(e) The school board shall notify a teacher in writing before April 1 of its decision to
21.4renew or terminate the teacher's employment.
21.5EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
21.6later.

21.7    Sec. 10. Minnesota Statutes 2010, section 122A.41, subdivision 6, is amended to read:
21.8    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
21.9in paragraph (b), causes for the discharge or demotion of a teacher either during or after
21.10the probationary period must be:
21.11(1) immoral character, conduct unbecoming a teacher, or insubordination;
21.12(2) failure without justifiable cause to teach without first securing the written release
21.13of the school board having the care, management, or control of the school in which the
21.14teacher is employed;
21.15(3) inefficiency in teaching or in the management of a school;
21.16(4) affliction with active tuberculosis or other communicable disease must be
21.17considered as cause for removal or suspension while the teacher is suffering from such
21.18disability; or
21.19(5) discontinuance of position or lack of pupils.; or
21.20(6) the teacher is ineffective under section 122A.411 and not recommended by the
21.21district for employment under this section.
21.22For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
21.23discriminatory practice described in section 363A.13. A contract must not be terminated
21.24upon the grounds specified in clause (6) unless the teacher fails to correct the deficiency
21.25after being given written notice of the specific items of complaint and 180 days within
21.26which to remedy them.
21.27(b) A probationary or continuing-contract teacher must be discharged immediately
21.28upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
21.29teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
21.30EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
21.31later.

21.32    Sec. 11. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
22.1    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
22.2given. (a) A teacher whose services are terminated on account of discontinuance of
22.3position or lack of pupils must receive first consideration for other positions in the district
22.4for which that teacher is qualified. Unless a board and the exclusive representative of
22.5teachers in the district negotiate a plan otherwise, in the event it becomes necessary to
22.6discontinue one or more positions, in making such discontinuance, teachers must be
22.7discontinued in any department in the following order:
22.8(1) probationary teachers and teachers with a "needs improvement" or "ineffective"
22.9rating under section 122A.411 in the inverse order in which they were employed, unless a
22.10board and the exclusive representative of teachers in the district negotiate a plan providing
22.11otherwise.;
22.12(2) teachers with an "average" rating under section 122A.411 with four or more
22.13years of teaching experience in the inverse order in which they were employed by the
22.14school district;
22.15(3) teachers with an "effective" rating under section 122A.411 with fewer than
22.16four years of teaching experience in the inverse order in which they were employed by
22.17the school district;
22.18(4) teachers with a "highly effective" rating under section 122A.411 in the inverse
22.19order in which they were employed by the school district;
22.20(5) teachers with a "distinguished" rating under section 122A.411 in the inverse
22.21order in which they were employed by the school district; and
22.22(6) a teachers with an "exemplary" rating under section 122A.411 in the inverse
22.23order in which they were employed by the school district.
22.24(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
22.25any seniority when that exercise results in that teacher being retained by the district in
22.26a field for which the teacher holds only a provisional license, as defined by the Board
22.27of Teaching, unless that exercise of seniority results in the termination of services, on
22.28account of discontinuance of position or lack of pupils, of another teacher who also
22.29holds a provisional license in the same field. The provisions of this clause do not apply
22.30to vocational education licenses.
22.31(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
22.32to a position in a field in which the teacher holds only a provisional license, other than a
22.33vocational education license, while another teacher who holds a nonprovisional license in
22.34the same field is available for reinstatement.
22.35EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
22.36later.

23.1    Sec. 12. [122A.418] TEACHER EFFECTIVENESS-BASED BONUSES.
23.2(a) A teacher with a "distinguished" rating under section 122A.411 shall receive an
23.3annual bonus equal to ten percent of the teacher's base salary until the teacher no longer
23.4has a "distinguished" rating.
23.5(b) A teacher with an "exemplary" rating under section 122A.411 shall receive an
23.6annual bonus equal to 20 percent of the teacher's base salary until the teacher no longer
23.7has an "exemplary" rating.
23.8EFFECTIVE DATE.This section is effective July 1, 2019.

23.9    Sec. 13. Minnesota Statutes 2010, section 123B.09, subdivision 8, is amended to read:
23.10    Subd. 8. Duties. The board must superintend and manage the schools of the
23.11district; adopt rules for their organization, government, and instruction; keep registers;
23.12and prescribe textbooks and courses of study. The board may enter into an agreement
23.13with a postsecondary institution for secondary or postsecondary nonsectarian courses
23.14to be taught at a secondary school, nonsectarian postsecondary institution, or another
23.15location. Consistent with section 122A.40, subdivision 10, or 122A.41, subdivision 14, as
23.16applicable, the board must not enter into an agreement that limits a district superintendent's
23.17ability to assign and reassign teachers or administrators to the schools in which the
23.18teachers will teach or the administrator will administer.

23.19    Sec. 14. Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to read:
23.20    Subdivision 1. Contract; duties. All districts maintaining a classified secondary
23.21school must employ a superintendent who shall be an ex officio nonvoting member of the
23.22school board. The authority for selection and employment of a superintendent must be
23.23vested in the board in all cases. An individual employed by a board as a superintendent
23.24shall have an initial employment contract for a period of time no longer than three years
23.25from the date of employment. Any subsequent employment contract must not exceed a
23.26period of three years. A board, at its discretion, may or may not renew an employment
23.27contract. A board must not, by action or inaction, extend the duration of an existing
23.28employment contract. Beginning 365 days prior to the expiration date of an existing
23.29employment contract, a board may negotiate and enter into a subsequent employment
23.30contract to take effect upon the expiration of the existing contract. A subsequent contract
23.31must be contingent upon the employee completing the terms of an existing contract. If a
23.32contract between a board and a superintendent is terminated prior to the date specified in
23.33the contract, the board may not enter into another superintendent contract with that same
23.34individual that has a term that extends beyond the date specified in the terminated contract.
24.1A board may terminate a superintendent during the term of an employment contract for any
24.2of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
24.3not rely upon an employment contract with a board to assert any other continuing contract
24.4rights in the position of superintendent under section 122A.40. Notwithstanding the
24.5provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
24.6to the contrary, no individual shall have a right to employment as a superintendent based
24.7on order of employment in any district. If two or more districts enter into an agreement for
24.8the purchase or sharing of the services of a superintendent, the contracting districts have
24.9the absolute right to select one of the individuals employed to serve as superintendent
24.10in one of the contracting districts and no individual has a right to employment as the
24.11superintendent to provide all or part of the services based on order of employment in a
24.12contracting district. The superintendent of a district shall perform the following:
24.13    (1) visit and supervise the schools in the district, report and make recommendations
24.14about their condition when advisable or on request by the board;
24.15    (2) recommend to the board employment and dismissal of teachers;
24.16    (3) before the start of the school year, and at other times as needed, assign highly
24.17effective, distinguished, and exemplary teachers, as defined in section 122A.411, to
24.18schools to best meet student and school needs as determined by the superintendent;
24.19(4) superintend school grading practices and examinations for promotions;
24.20    (4) (5) make reports required by the commissioner; and
24.21    (5) (6) perform other duties prescribed by the board.

24.22    Sec. 15. EFFECT OF TEACHER DIVERSITY ON STUDENT ACHIEVEMENT.
24.23(a) The commissioner of education shall develop a request for proposal to study and
24.24report on the impact that a culturally, racially, and ethnically diverse teaching faculty
24.25has on the educational outcomes of minority students, including academic performance,
24.26graduation rates, and participation in postsecondary programs. The study must control for
24.27the level of teacher effectiveness.
24.28(b) The commissioner of education also shall develop a request for proposal to
24.29evaluate and report on school district practices for recruiting a culturally, racially, and
24.30ethnically diverse teaching faculty.
24.31(c) The commissioner must submit the reports under paragraphs (a) and (b) to the
24.32education policy and finance committees of the legislature by February 1, 2015.
24.33EFFECTIVE DATE.This section is effective July 1, 2013. The study in paragraph
24.34(a) may not begin until after the 2013-2014 school year.

25.1    Sec. 16. ADVISORY TASK FORCE ON IMPLEMENTING A TEACHER
25.2EVALUATION STRUCTURE.
25.3Consistent with Minnesota Statutes 2010, section 122A.411, and related sections,
25.4the commissioner of education shall convene a nine-member advisory task force to make
25.5recommendations related to implementing the state's teacher evaluation structure. Task
25.6force members shall include: one representative each from the Minnesota Chamber of
25.7Commerce, the Minnesota Business Partnership, the Minnesota Assessment Group, the
25.8Minnesota Association of School Administrators, and the Minnesota Elementary and
25.9Secondary School Principals Association, appointed by the respective organization;
25.10two representatives from Education Minnesota, one of whom must be a currently
25.11licensed classroom teacher teaching in a first class city school district, appointed by
25.12Education Minnesota; and two parents of students currently enrolled in a Minnesota
25.13public school, one of whom must be a parent of color, appointed by the Minnesota Parent
25.14Teacher Organization. The commissioner or the commissioner's designee shall serve as
25.15a nonvoting member of the task force and shall provide technical assistance to the task
25.16force upon request. The task force must review the statutory sections that compose this act
25.17and recommend to the commissioner any changes needed to fully implement the teacher
25.18evaluation structure, including statutory changes to accomplish the recommendations. The
25.19commissioner must report the task force recommendations to the education policy and
25.20finance committees of the legislature by February 15, 2012. The advisory task force
25.21expires on June 1, 2012.
25.22EFFECTIVE DATE.This section is effective the day following final enactment."
25.23Amend the title accordingly