1.1.................... moves to amend H.F. No. 1381, the first engrossment, as follows:
1.2Page 14, line 7, delete "and"
1.3Page 14, line 8, after "effectiveness" insert ", and an annual teacher evaluation and
1.4peer review process under section 122A.40, subdivision 8, or 122A.41, subdivision 5"
1.5Page 34, line 16, after "period" insert "that is consistent with subdivision 8"
1.6Page 35, after line 11, insert:

1.7    "Sec. 22. Minnesota Statutes 2010, section 122A.40, subdivision 6, is amended to read:
1.8    Subd. 6. Mentoring for probationary teachers. A school board and an exclusive
1.9representative of the teachers in the district must develop a probationary teacher peer
1.10review process through joint agreement that is consistent with subdivision 8. The process
1.11may include having trained observers serve as mentors or coaches or having teachers
1.12participate in professional learning communities.
1.13EFFECTIVE DATE.This section is effective the day following final enactment
1.14and applies to all collective bargaining agreements ratified after that date.

1.15    Sec. 23. Minnesota Statutes 2010, section 122A.40, subdivision 8, is amended to read:
1.16    Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.17teachers. (a) To improve student learning and success, a school board and an exclusive
1.18representative of the teachers in the district shall, consistent with paragraph (b), may
1.19develop a an annual teacher evaluation and peer review process for probationary and
1.20continuing contract teachers through joint agreement. If a school board and the exclusive
1.21representative of the teachers in the district do not agree to an annual teacher evaluation
1.22and peer review process, then the school board and the exclusive representative of the
1.23teachers must implement the plan for evaluation and review developed under paragraph
1.24(c) that is consistent with this subdivision. The process may must include having trained
1.25observers serve as peer coaches or having teachers participate in professional learning
2.1communities, consistent with paragraph (b), and may include mentoring and induction
2.2programs.
2.3(b) To develop, improve, and support qualified teachers and effective teaching
2.4practices and improve student learning and success, the annual evaluation process for
2.5teachers must:
2.6(1) for probationary teachers, provide for all evaluations required under subdivision
2.75;
2.8(2) establish a three-year professional evaluation cycle for each teacher that includes
2.9an individual growth and development plan, a peer review process, the opportunity to
2.10participate in a professional learning community under paragraph (a), and at least one
2.11summative evaluation performed by a qualified and trained school administrator;
2.12(3) be based on professional teaching standards established in rule;
2.13(4) coordinate staff development activities under sections 122A.60 and 122A.61
2.14with this evaluation process and teachers' evaluation outcomes;
2.15(5) provide time for peer coaching and teacher collaboration which may be during
2.16the school day or school year;
2.17(6) include an option for teachers to develop and present a portfolio demonstrating
2.18evidence of reflection and professional growth, consistent with section 122A.18,
2.19subdivision 4, paragraph (b), and include teachers' own performance assessment based on
2.20student work samples and examples of teachers' work, which may include video among
2.21other activities for the summative evaluation;
2.22(7) use data on student academic growth, student engagement and connection under
2.23section 120B.35, subdivision 3, paragraph (d), other outcome measures under section
2.24120B.35, and other measures of student learning aligned with the elements of curriculum
2.25for which teachers are responsible;
2.26(8) require qualified and trained administrators to perform summative evaluations;
2.27(9) give teachers not meeting professional teaching standards under clause (3) or
2.28other professional criteria sufficient support to improve through a teacher improvement
2.29process that includes clearly defined goals and outcomes and a timeline of up to 120
2.30calendar days to demonstrate the requisite improvement; and
2.31(10) provide for issuing discipline to a teacher not making adequate progress in the
2.32teacher improvement process under clause (9), which may include being issued a last
2.33chance warning, terminated, discharged, or otherwise subjected to discipline that school
2.34administrators deem appropriate, consistent with this subdivision, subdivision 9, and the
2.35collective bargaining agreement currently in effect.
3.1(c) The department, in consultation with an equal number of teacher and
3.2administrator representatives appointed by their respective organizations, representing the
3.3Board of Teaching, the Minnesota Association of School Administrators, the Minnesota
3.4School Boards Association, the Minnesota Elementary and Secondary Principals
3.5Associations, Education Minnesota, and representatives of the Minnesota Assessment
3.6Group and Minnesota postsecondary institutions with research expertise in teacher
3.7evaluation, must create and publish a teacher evaluation process that complies with
3.8the requirements in paragraph (b) and applies to all teachers under sections 122A.40
3.9and 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
3.10evaluation and peer review process. The teacher evaluation process created under this
3.11subdivision does not create additional due process rights for probationary teachers under
3.12subdivision 5.
3.13EFFECTIVE DATE.This section is effective the day following final enactment
3.14and applies to all collective bargaining agreements ratified after that date."
3.15Page 35, after line 26, insert:

3.16    "Sec. 23. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
3.17    Subd. 9. Grounds for termination. A continuing contract may be terminated,
3.18effective at the close of the school year, upon any of the following grounds:
3.19(a) Inefficiency in teaching or in the management of a school, consistent with
3.20subdivision 8, paragraph (b);
3.21(b) Neglect of duty, or persistent violation of school laws, rules, regulations, or
3.22directives;
3.23(c) Conduct unbecoming a teacher which materially impairs the teacher's educational
3.24effectiveness;
3.25(d) Other good and sufficient grounds rendering the teacher unfit to perform the
3.26teacher's duties.
3.27A contract must not be terminated upon one of the grounds specified in clause (a),
3.28(b), (c), or (d), unless the teacher fails to correct the deficiency after being given written
3.29notice of the specific items of complaint and reasonable time within which to remedy them.
3.30EFFECTIVE DATE.This section is effective the day following final enactment
3.31and applies to all collective bargaining agreements ratified after that date."
3.32Page 38, line 16, strike "subdivision" and insert "subdivisions" and after "3" insert
3.33"and 5"
3.34Page 39, after line 5, insert:

3.35    "Sec. 26. Minnesota Statutes 2010, section 122A.41, subdivision 3, is amended to read:
4.1    Subd. 3. Mentoring for probationary teachers. A board and an exclusive
4.2representative of the teachers in the district must develop a probationary teacher peer
4.3review process through joint agreement that is consistent with subdivision 5. The process
4.4may include having trained observers serve as mentors or coaches or having teachers
4.5participate in professional learning communities.
4.6EFFECTIVE DATE.This section is effective the day following final enactment
4.7and applies to all collective bargaining agreements ratified after that date.

4.8    Sec. 27. Minnesota Statutes 2010, section 122A.41, subdivision 5, is amended to read:
4.9    Subd. 5. Development, evaluation, and peer coaching for continuing contract
4.10teachers. (a) To improve student learning and success, a school board and an exclusive
4.11representative of the teachers in the district must, consistent with paragraph (b), may
4.12develop a an annual teacher evaluation peer review process for probationary and
4.13nonprobationary teachers through joint agreement. If a school board and the exclusive
4.14representative of the teachers in the district do not agree to an annual teacher evaluation
4.15and peer review process, then the school board and the exclusive representative of the
4.16teachers must implement the plan for evaluation and review developed under paragraph
4.17(c) that is consistent with this subdivision. The process may must include having trained
4.18observers serve as peer coaches or having teachers participate in professional learning
4.19communities, consistent with paragraph (b) and may include mentoring and induction
4.20programs.
4.21(b) To develop, improve, and support qualified teachers and effective teaching
4.22practices and improve student learning and success, the annual evaluation process for
4.23teachers must:
4.24(1) for probationary teachers, provide for all evaluations required under subdivision
4.252;
4.26(2) establish a three-year professional evaluation cycle for each teacher that includes
4.27an individual growth and development plan, a peer review process, the opportunity to
4.28participate in a professional learning community under paragraph (a), and at least one
4.29summative evaluation performed by a qualified and trained administrator;
4.30(3) be based on professional teaching standards established in rule;
4.31(4) coordinate staff development activities under sections 122A.60 and 122A.61
4.32with this evaluation process and teachers' evaluation outcomes;
4.33(5) provide time for peer coaching and teacher collaboration which may be during
4.34the school day or school year;
5.1(6) include an option for teachers to develop and present a portfolio demonstrating
5.2evidence of reflection and professional growth, consistent with section 122A.18,
5.3subdivision 4, paragraph (b), and include teachers' own performance assessment based on
5.4student work samples and examples of teachers' work, which may include video among
5.5other activities for the summative evaluation;
5.6(7) use data on student academic growth, student engagement and connection under
5.7section 120B.35, subdivision 3, paragraph (d), other outcome measures under section
5.8120B.35, and other measures of student learning aligned with the elements of curriculum
5.9for which teachers are responsible;
5.10(8) require qualified and trained administrators to perform summative evaluations;
5.11(9) give teachers not meeting professional teaching standards under clause (3) or
5.12other professional criteria sufficient support to improve through a teacher improvement
5.13process that includes clearly defined goals and outcomes and a timeline of up to 120
5.14calendar days to demonstrate the requisite improvement; and
5.15(10) provide for issuing discipline to a teacher not making adequate progress in the
5.16teacher improvement process under clause (9), which may include being issued a last
5.17chance warning, terminated, discharged, demoted, or otherwise subjected to discipline that
5.18school administrators deem appropriate, consistent with this subdivision, subdivision 6,
5.19and the collective bargaining agreement currently in effect.
5.20(c) The department, in consultation with an equal number of teacher and
5.21administrator representatives appointed by their respective organizations, representing the
5.22Board of Teaching, the Minnesota Association of School Administrators, the Minnesota
5.23School Boards Association, the Minnesota Elementary and Secondary Principals
5.24Associations, Education Minnesota, representatives of the Minnesota Assessment Group
5.25and Minnesota postsecondary institutions with research expertise in teacher evaluation,
5.26and other education stakeholders, must create and publish a teacher evaluation process
5.27that complies with the requirements in paragraph (b) and applies to all teachers under
5.28sections 122A.40 and 122A.41 for whom no agreement exists under paragraph (a) for an
5.29annual teacher evaluation and peer review process. The teacher evaluation process created
5.30under this subdivision does not create additional due process rights for probationary
5.31teachers under subdivision 2.
5.32EFFECTIVE DATE.This section is effective the day following final enactment
5.33and applies to all collective bargaining agreements ratified after that date."
5.34Page 39, after line 30, insert:

5.35    "Sec. 28. Minnesota Statutes 2010, section 122A.41, subdivision 6, is amended to read:
6.1    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
6.2in paragraph (b), causes for the discharge or demotion of a teacher either during or after
6.3the probationary period must be:
6.4(1) immoral character, conduct unbecoming a teacher, or insubordination;
6.5(2) failure without justifiable cause to teach without first securing the written release
6.6of the school board having the care, management, or control of the school in which the
6.7teacher is employed;
6.8(3) inefficiency in teaching or in the management of a school, consistent with
6.9subdivision 5, paragraph (b);
6.10(4) affliction with active tuberculosis or other communicable disease must be
6.11considered as cause for removal or suspension while the teacher is suffering from such
6.12disability; or
6.13(5) discontinuance of position or lack of pupils.
6.14For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
6.15discriminatory practice described in section 363A.13.
6.16(b) A probationary or continuing-contract teacher must be discharged immediately
6.17upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
6.18teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
6.19EFFECTIVE DATE.This section is effective the day following final enactment
6.20and applies to all collective bargaining agreements ratified after that date."
6.21Page 40, after line 27, insert:

6.22    "Sec. 29. Minnesota Statutes 2010, section 123B.143, subdivision 1, is amended to
6.23read:
6.24    Subdivision 1. Contract; duties. All districts maintaining a classified secondary
6.25school must employ a superintendent who shall be an ex officio nonvoting member of the
6.26school board. The authority for selection and employment of a superintendent must be
6.27vested in the board in all cases. An individual employed by a board as a superintendent
6.28shall have an initial employment contract for a period of time no longer than three years
6.29from the date of employment. Any subsequent employment contract must not exceed a
6.30period of three years. A board, at its discretion, may or may not renew an employment
6.31contract. A board must not, by action or inaction, extend the duration of an existing
6.32employment contract. Beginning 365 days prior to the expiration date of an existing
6.33employment contract, a board may negotiate and enter into a subsequent employment
6.34contract to take effect upon the expiration of the existing contract. A subsequent contract
6.35must be contingent upon the employee completing the terms of an existing contract. If a
7.1contract between a board and a superintendent is terminated prior to the date specified in
7.2the contract, the board may not enter into another superintendent contract with that same
7.3individual that has a term that extends beyond the date specified in the terminated contract.
7.4A board may terminate a superintendent during the term of an employment contract for any
7.5of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
7.6not rely upon an employment contract with a board to assert any other continuing contract
7.7rights in the position of superintendent under section 122A.40. Notwithstanding the
7.8provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
7.9to the contrary, no individual shall have a right to employment as a superintendent based
7.10on order of employment in any district. If two or more districts enter into an agreement for
7.11the purchase or sharing of the services of a superintendent, the contracting districts have
7.12the absolute right to select one of the individuals employed to serve as superintendent
7.13in one of the contracting districts and no individual has a right to employment as the
7.14superintendent to provide all or part of the services based on order of employment in a
7.15contracting district. The superintendent of a district shall perform the following:
7.16    (1) visit and supervise the schools in the district, report and make recommendations
7.17about their condition when advisable or on request by the board;
7.18    (2) recommend to the board employment and dismissal of teachers;
7.19    (3) annually evaluate each school principal assigned responsibility for supervising
7.20a school building within the district, consistent with section 123B.147, subdivision 3,
7.21paragraph (b);
7.22(4) superintend school grading practices and examinations for promotions;
7.23    (4) (5) make reports required by the commissioner; and
7.24    (5) (6) perform other duties prescribed by the board.
7.25EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
7.26later.

7.27    Sec. 30. Minnesota Statutes 2010, section 123B.147, subdivision 3, is amended to read:
7.28    Subd. 3. Duties; evaluation. (a) The principal shall provide administrative,
7.29supervisory, and instructional leadership services, under the supervision of the
7.30superintendent of schools of the district and in accordance with according to the policies,
7.31rules, and regulations of the school board of education, for the planning, management,
7.32operation, and evaluation of the education program of the building or buildings to which
7.33the principal is assigned.
7.34(b) To enhance a principal's leadership skills and support and improve teaching
7.35practices, school performance, and student achievement, a district must develop and
8.1implement a performance-based system for annually evaluating school principals assigned
8.2to supervise a school building within the district. The evaluation must be designed
8.3to improve teaching and learning by supporting the principal in shaping the school's
8.4professional environment and developing teacher quality, performance, and effectiveness.
8.5The annual evaluation must:
8.6(1) support and improve a principal's instructional leadership, organizational
8.7management, and professional development, and strengthen the principal's capacity in the
8.8areas of instruction, supervision, evaluation, and teacher development;
8.9(2) include formative and summative evaluations;
8.10(3) be consistent with a principal's job description, a district's long-term plans and
8.11goals, and the principal's own professional multiyear growth plans and goals, all of which
8.12must support the principal's leadership behaviors and practices, rigorous curriculum,
8.13school performance, and high-quality instruction;
8.14(4) include on-the-job observations and previous evaluations;
8.15(5) allow surveys to help identify a principal's effectiveness, leadership skills and
8.16processes, and strengths and weaknesses in exercising leadership in pursuit of school
8.17success;
8.18(6) use longitudinal data on student academic growth as an evaluation component
8.19and incorporate district achievement goals and targets; and
8.20(7) be linked to professional development that emphasizes improved teaching and
8.21learning, curriculum and instruction, student learning, and a collaborative professional
8.22culture.
8.23The provisions of this paragraph are intended to provide districts with sufficient
8.24flexibility to accommodate district needs and goals related to developing, supporting,
8.25and evaluating principals.
8.26EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
8.27later."
8.28Page 52, after line 19, insert:

8.29    "Sec. 51. IMPLEMENTING A PERFORMANCE-BASED EVALUATION
8.30SYSTEM FOR PRINCIPALS.
8.31(a) To implement the requirements of Minnesota Statutes, sections 123B.143,
8.32subdivision 1, clause (3), and 123B.147, subdivision 3, paragraph (b), the commissioner of
8.33education, the Minnesota Association of Secondary School Principals, and the Minnesota
8.34Association of Elementary School Principals must convene a group of recognized and
8.35qualified experts and interested stakeholders, including principals, superintendents,
9.1teachers, school board members, and parents, among other stakeholders, to develop a
9.2performance-based system model for annually evaluating school principals. In developing
9.3the system model, the group must at least consider how principals develop and maintain:
9.4(1) high standards for student performance;
9.5(2) rigorous curriculum;
9.6(3) quality instruction;
9.7(4) a culture of learning and professional behavior;
9.8(5) connections to external communities;
9.9(6) systemic performance accountability; and
9.10(7) leadership behaviors that create effective schools and improve school
9.11performance, including how to plan for, implement, support, advocate for, communicate
9.12about, and monitor continuous and improved learning.
9.13The group also may consider whether to establish a multitiered evaluation system
9.14that supports newly licensed principals in becoming highly skilled school leaders and
9.15provides opportunities for advanced learning for more experienced school leaders.
9.16(b) The commissioner, the Minnesota Association of Secondary School Principals,
9.17and the Minnesota Association of Elementary School Principals must submit a
9.18written report and all the group's working papers to the education committees of the
9.19legislature by February 1, 2012, discussing the group's responses to paragraph (a) and its
9.20recommendations for a performance-based system model for annually evaluating school
9.21principals. The group convened under this section expires June 1, 2012.
9.22EFFECTIVE DATE.This section is effective the day following final enactment
9.23and applies to principal evaluations beginning in the 2013-2014 school year and later."
9.24Renumber the sections in sequence and correct the internal references
9.25Amend the title accordingly