1.1.................... moves to amend H.F. No. 2397, the delete everything amendment
1.2(H2397DE1), as follows:
1.3Page 73, after line 25, insert:

1.4    "Sec. 13. Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8,
1.5is amended to read:
1.6    Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.7teachers. (a) To improve student learning and success, a school board and an exclusive
1.8representative of the teachers in the district, consistent with paragraph (b), may develop
1.9a teacher evaluation and peer review process for probationary and continuing contract
1.10teachers through joint agreement. If a school board and the exclusive representative of the
1.11teachers do not agree to an annual teacher evaluation and peer review process, then the
1.12school board and the exclusive representative of the teachers must implement the plan
1.13for evaluation and review under paragraph (c). The process must include having trained
1.14observers serve as peer coaches or having teachers participate in professional learning
1.15communities, consistent with paragraph (b).
1.16(b) To develop, improve, and support qualified teachers and effective teaching
1.17practices and improve student learning and success, the annual evaluation process for
1.18teachers:
1.19(1) must, for probationary teachers, provide for all evaluations required under
1.20subdivision 5;
1.21(2) must establish a three-year professional review cycle for each teacher that
1.22includes an individual growth and development plan, a peer review process, the
1.23opportunity to participate in a professional learning community under paragraph (a), and
1.24at least one summative evaluation performed by a qualified and trained evaluator such as a
1.25school administrator. For the years when a tenured teacher is not evaluated by a qualified
1.26and trained evaluator, the teacher must be evaluated by a peer review;
1.27(3) must be based on professional teaching standards established in rule;
2.1(4) must coordinate staff development activities under sections 122A.60 and
2.2122A.61 with this evaluation process and teachers' evaluation outcomes;
2.3(5) may provide time during the school day and school year for peer coaching and
2.4teacher collaboration;
2.5(6) may include mentoring and induction programs;
2.6(7) must include an option for teachers to develop and present a portfolio
2.7demonstrating evidence of reflection and professional growth, consistent with section
2.8122A.18, subdivision 4 , paragraph (b), and include teachers' own performance assessment
2.9based on student work samples and examples of teachers' work, which may include video
2.10among other activities for the summative evaluation;
2.11(8) must use data from valid and reliable assessments aligned to state and local
2.12academic standards and must use state and local measures of student growth that may
2.13include value-added models or student learning goals to determine 35 percent of teacher
2.14evaluation results;
2.15(9) must use longitudinal data on student engagement and connection, and other
2.16student outcome measures explicitly aligned with the elements of curriculum for which
2.17teachers are responsible;
2.18(10) must require qualified and trained evaluators such as school administrators to
2.19perform summative evaluations;
2.20(11) must give teachers not meeting professional teaching standards under clauses
2.21(3) through (10) support to improve through a teacher improvement process that includes
2.22established goals and timelines; and
2.23(12) must discipline a teacher for not making adequate progress in the teacher
2.24improvement process under clause (11) that may include a last chance warning,
2.25termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
2.26other discipline a school administrator determines is appropriate.
2.27Data on individual teachers generated under this subdivision are personnel data
2.28under section 13.43.
2.29(c) The department, in consultation with parents who may represent parent
2.30organizations and teacher and administrator representatives appointed by their respective
2.31organizations, representing the Board of Teaching, the Minnesota Association of School
2.32Administrators, the Minnesota School Boards Association, the Minnesota Elementary
2.33and Secondary Principals Associations, Education Minnesota, and representatives of
2.34the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
2.35Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
2.36in teacher evaluation, must create and publish a teacher evaluation process that complies
3.1with the requirements in paragraph (b) and applies to all teachers under this section and
3.2section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
3.3evaluation and peer review process. The teacher evaluation process created under this
3.4subdivision does not create additional due process rights for probationary teachers under
3.5subdivision 5.
3.6(d) Consistent with the measures of teacher effectiveness under this subdivision:
3.7(1) for students in kindergarten through grade 4, a school administrator must not
3.8place a student in consecutive school years in the classroom of a teacher with the lowest
3.9evaluation rating in the previous school year unless no other teacher at the school teaches
3.10that grade; and
3.11(2) for students in grades 5 through 12, a school administrator must not place
3.12students in consecutive school years in the classroom of a teacher with the lowest
3.13evaluation rating in the previous school year unless no other teacher at the school teaches
3.14that subject area and grade.
3.15EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
3.16later.

3.17    Sec. 14. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.18amended to read:
3.19    Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.20teachers. (a) To improve student learning and success, a school board and an exclusive
3.21representative of the teachers in the district, consistent with paragraph (b), may develop an
3.22annual teacher evaluation and peer review process for probationary and nonprobationary
3.23teachers through joint agreement. If a school board and the exclusive representative of
3.24the teachers in the district do not agree to an annual teacher evaluation and peer review
3.25process, then the school board and the exclusive representative of the teachers must
3.26implement the plan for evaluation and review developed under paragraph (c). The process
3.27must include having trained observers serve as peer coaches or having teachers participate
3.28in professional learning communities, consistent with paragraph (b).
3.29(b) To develop, improve, and support qualified teachers and effective teaching
3.30practices and improve student learning and success, the annual evaluation process for
3.31teachers:
3.32(1) must, for probationary teachers, provide for all evaluations required under
3.33subdivision 2;
3.34(2) must establish a three-year professional review cycle for each teacher that
3.35includes an individual growth and development plan, a peer review process, the
4.1opportunity to participate in a professional learning community under paragraph (a), and
4.2at least one summative evaluation performed by a qualified and trained evaluator such
4.3as a school administrator;
4.4(3) must be based on professional teaching standards established in rule;
4.5(4) must coordinate staff development activities under sections 122A.60 and
4.6122A.61 with this evaluation process and teachers' evaluation outcomes;
4.7(5) may provide time during the school day and school year for peer coaching and
4.8teacher collaboration;
4.9(6) may include mentoring and induction programs;
4.10(7) must include an option for teachers to develop and present a portfolio
4.11demonstrating evidence of reflection and professional growth, consistent with section
4.12122A.18, subdivision 4 , paragraph (b), and include teachers' own performance assessment
4.13based on student work samples and examples of teachers' work, which may include video
4.14among other activities for the summative evaluation;
4.15(8) must use data from valid and reliable assessments aligned to state and local
4.16academic standards and must use state and local measures of student growth that may
4.17include value-added models or student learning goals to determine 35 percent of teacher
4.18evaluation results;
4.19(9) must use longitudinal data on student engagement and connection and other
4.20student outcome measures explicitly aligned with the elements of curriculum for which
4.21teachers are responsible;
4.22(10) must require qualified and trained evaluators such as school administrators to
4.23perform summative evaluations;
4.24(11) must give teachers not meeting professional teaching standards under clauses
4.25(3) through (10) support to improve through a teacher improvement process that includes
4.26established goals and timelines; and
4.27(12) must discipline a teacher for not making adequate progress in the teacher
4.28improvement process under clause (11) that may include a last chance warning,
4.29termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
4.30other discipline a school administrator determines is appropriate.
4.31Data on individual teachers generated under this subdivision are personnel data
4.32under section 13.43.
4.33(c) The department, in consultation with parents who may represent parent
4.34organizations and teacher and administrator representatives appointed by their respective
4.35organizations, representing the Board of Teaching, the Minnesota Association of School
4.36Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.1and Secondary Principals Associations, Education Minnesota, and representatives of
5.2the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.3Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.4in teacher evaluation, must create and publish a teacher evaluation process that complies
5.5with the requirements in paragraph (b) and applies to all teachers under this section and
5.6section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
5.7evaluation and peer review process. The teacher evaluation process created under this
5.8subdivision does not create additional due process rights for probationary teachers under
5.9subdivision 2.
5.10(d) Consistent with the measures of teacher effectiveness under this subdivision:
5.11(1) for students in kindergarten through grade 4, a school administrator must not
5.12place a student in consecutive school years in the classroom of a teacher with the lowest
5.13evaluation rating in the previous school year unless no other teacher at the school teaches
5.14that grade; and
5.15(2) for students in grades 5 through 12, a school administrator must not place
5.16students in consecutive school years in the classroom of a teacher with the lowest
5.17evaluation rating in the previous school year unless no other teacher at the school teaches
5.18that subject area and grade.
5.19EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
5.20later."
5.21Renumber the sections in sequence and correct the internal references
5.22Amend the title accordingly