Bill Text: MN SF2459 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Teacher evaluation programs alignment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-01 - Comm report: To pass and re-referred to Finance [SF2459 Detail]
Download: Minnesota-2013-SF2459-Engrossed.html
1.2relating to education; aligning teacher evaluation programs;amending Minnesota
1.3Statutes 2012, section 122A.414, subdivision 2; Minnesota Statutes 2013
1.4Supplement, sections 122A.40, subdivision 8; 122A.41, subdivision 5; 124D.10,
1.5subdivision 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8,
1.8is amended to read:
1.9 Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.10teachers. (a) To improve student learning and success, a school board and an exclusive
1.11representative of the teachers in the district, consistent with paragraph (b), may develop
1.12a teacher evaluation and peer review process for probationary and continuing contract
1.13teachers through joint agreement. If a school board and the exclusive representative of the
1.14teachers do not agree to an annual teacher evaluation and peer review process, then the
1.15school board and the exclusive representative of the teachers must implement the state
1.16teacher evaluation planfor evaluation and review under paragraph (c). The process must
1.17include having trained observers serve as peer coachesor having teachers participate in
1.18professional learning communities, consistent with paragraph (b).
1.19(b) To develop, improve, and support qualified teachers and effective teaching
1.20practices and improve student learning and success, the annual evaluation process for
1.21teachers:
1.22(1) must, for probationary teachers, provide for all evaluations required under
1.23subdivision 5;
1.24(2) must establish a three-year professional review cycle for each teacher that
1.25includes an individual growth and development plan, a peer review process,the
2.1opportunity to participate in a professional learning community under paragraph (a), and
2.2at least one summative evaluation performed by a qualified and trained evaluator such as a
2.3school administrator. For the years when a tenured teacher is not evaluated by a qualified
2.4and trained evaluator, the teacher must be evaluated by a peer review;
2.5(3) must be based on professional teaching standards established in rule;
2.6(4) must coordinate staff development activities under sections122A.60 and
2.7122A.61
with this evaluation process and teachers' evaluation outcomes;
2.8(5) may provide time during the school day and school year for peer coaching and
2.9teacher collaboration;
2.10(6) may include job-embedded learning opportunities such as professional learning
2.11communities;
2.12(7) may include mentoring and induction programs;
2.13(7) (8) must include an option for teachers to develop and present a portfolio
2.14demonstrating evidence of reflection and professional growth, consistent with section
2.15122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
2.16based on student work samples and examples of teachers' work, which may include video
2.17among other activities for the summative evaluation;
2.18(8) (9) must use data from valid and reliable assessments aligned to state and local
2.19academic standards and must use state and local measures of student growth that may
2.20include value-added models or student learning goals to determine 35 percent of teacher
2.21evaluation results;
2.22(9) (10) must use longitudinal data on student engagement and connection, and
2.23other student outcome measures explicitly aligned with the elements of curriculum for
2.24which teachers are responsible;
2.25(10) (11) must require qualified and trained evaluators such as school administrators
2.26to perform summative evaluations and ensure school districts and charter schools provide
2.27for effective evaluator training specific to teacher development and evaluation;
2.28(11) (12) must give teachers not meeting professional teaching standards under
2.29clauses (3) through(10) (11) support to improve through a teacher improvement process
2.30that includes established goals and timelines; and
2.31(12) (13) must discipline a teacher for not making adequate progress in the teacher
2.32improvement process under clause(11) (12) that may include a last chance warning,
2.33termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
2.34other discipline a school administrator determines is appropriate.
3.1Data on individual teachers generated under this subdivision are personnel data
3.2under section13.43 . The observation and interview notes of peer coaches may only be
3.3disclosed to other school officials with the consent of the teacher being coached.
3.4(c) The department, in consultation with parents who may represent parent
3.5organizations and teacher and administrator representatives appointed by their respective
3.6organizations, representing the Board of Teaching, the Minnesota Association of School
3.7Administrators, the Minnesota School Boards Association, the Minnesota Elementary
3.8and Secondary Principals Associations, Education Minnesota, and representatives of
3.9the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
3.10Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
3.11in teacher evaluation, must create and publish a teacher evaluation process that complies
3.12with the requirements in paragraph (b) and applies to all teachers under this section and
3.13section122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
3.14evaluation and peer review process. The teacher evaluation process created under this
3.15subdivision does not create additional due process rights for probationary teachers under
3.16subdivision 5.
3.17(d) School districts and intermediate school districts shall receive revenue for
3.18training teachers and school administrators in connection with the requirements of teacher
3.19evaluation and development in paragraph (b) of this subdivision, including peer review
3.20and summative evaluations. Teacher development and evaluation revenue for a school
3.21district or intermediate school district that does not have an alternative professional pay
3.22system agreement under section 122A.414, subdivision 2, equals $455 times the number
3.23of full-time equivalent teachers employed on October 1 of the previous school year. A
3.24school district or cooperative unit must reserve and expend this teacher development and
3.25evaluation revenue consistent with this subdivision.
3.26EFFECTIVE DATE.This section is effective for the 2014-2015 school year.
3.27Paragraph (b) is effective in the 2015-2016 school year for school districts that do not have
3.28an alternative professional pay system agreement under section 122A.414. Paragraph (b),
3.29clauses (9) and (10), are effective in the 2015-2016 school year for school districts that
3.30have an approved alternative professional pay system agreement under section 122A.414.
3.31 Sec. 2. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.32amended to read:
3.33 Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.34teachers. (a) To improve student learning and success, a school board and an exclusive
3.35representative of the teachers in the district, consistent with paragraph (b), may develop an
4.1annual teacher evaluation and peer review process for probationary and nonprobationary
4.2teachers through joint agreement. If a school board and the exclusive representative of the
4.3teachers in the district do not agree to an annual teacher evaluation and peer review process,
4.4then the school board and the exclusive representative of the teachers must implement
4.5the state teacher evaluation planfor evaluation and review developed under paragraph
4.6(c). The process must include having trained observers serve as peer coaches or having
4.7teachers participate in professional learning communities, consistent with paragraph (b).
4.8(b) To develop, improve, and support qualified teachers and effective teaching
4.9practices and improve student learning and success, the annual evaluation process for
4.10teachers:
4.11(1) must, for probationary teachers, provide for all evaluations required under
4.12subdivision 2;
4.13(2) must establish a three-year professional review cycle for each teacher that
4.14includes an individual growth and development plan, a peer review process,the
4.15opportunity to participate in a professional learning community under paragraph (a), and
4.16at least one summative evaluation performed by a qualified and trained evaluator such
4.17as a school administrator;
4.18(3) must be based on professional teaching standards established in rule;
4.19(4) must coordinate staff development activities under sections122A.60 and
4.20122A.61
with this evaluation process and teachers' evaluation outcomes;
4.21(5) may provide time during the school day and school year for peer coaching and
4.22teacher collaboration;
4.23(6) may include job-embedded learning opportunities such as professional learning
4.24communities;
4.25(7) may include mentoring and induction programs;
4.26(7) (8) must include an option for teachers to develop and present a portfolio
4.27demonstrating evidence of reflection and professional growth, consistent with section
4.28122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
4.29based on student work samples and examples of teachers' work, which may include video
4.30among other activities for the summative evaluation;
4.31(8) (9) must use data from valid and reliable assessments aligned to state and local
4.32academic standards and must use state and local measures of student growth that may
4.33include value-added models or student learning goals to determine 35 percent of teacher
4.34evaluation results;
5.1(9) (10) must use longitudinal data on student engagement and connection and
5.2other student outcome measures explicitly aligned with the elements of curriculum for
5.3which teachers are responsible;
5.4(10) (11) must require qualified and trained evaluators such as school administrators
5.5to perform summative evaluations and ensure school districts and charter schools provide
5.6for effective evaluator training specific to teacher development and evaluation;
5.7(11) (12) must give teachers not meeting professional teaching standards under
5.8clauses (3) through(10) (11) support to improve through a teacher improvement process
5.9that includes established goals and timelines; and
5.10(12) (13) must discipline a teacher for not making adequate progress in the teacher
5.11improvement process under clause(11) (12) that may include a last chance warning,
5.12termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
5.13other discipline a school administrator determines is appropriate.
5.14Data on individual teachers generated under this subdivision are personnel data
5.15under section13.43 . The observation and interview notes of peer coaches may only be
5.16disclosed to other school officials with the consent of the teacher being coached.
5.17(c) The department, in consultation with parents who may represent parent
5.18organizations and teacher and administrator representatives appointed by their respective
5.19organizations, representing the Board of Teaching, the Minnesota Association of School
5.20Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.21and Secondary Principals Associations, Education Minnesota, and representatives of
5.22the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.23Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.24in teacher evaluation, must create and publish a teacher evaluation process that complies
5.25with the requirements in paragraph (b) and applies to all teachers under this section and
5.26section122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
5.27evaluation and peer review process. The teacher evaluation process created under this
5.28subdivision does not create additional due process rights for probationary teachers under
5.29subdivision 2.
5.30(d) School districts and intermediate school districts shall receive revenue for
5.31training teachers and school administrators in connection with the requirements of teacher
5.32evaluation and development in paragraph (b) of this subdivision, including peer review
5.33and summative evaluations. Teacher development and evaluation revenue for a school
5.34district or intermediate school district that does not have an alternative professional pay
5.35system agreement under section 122A.414, subdivision 2, equals $455 times the number
5.36of full-time equivalent teachers employed on October 1 of the previous school year. A
6.1school district or cooperative unit must reserve and expend this teacher development and
6.2evaluation revenue consistent with this subdivision.
6.3EFFECTIVE DATE.This section is effective for the 2014-2015 school year.
6.4Paragraph (b) is effective in the 2015-2016 school year for school districts that do not have
6.5an alternative professional pay system agreement under section 122A.414. Paragraph (b),
6.6clauses (9) and (10), are effective in the 2015-2016 school year for school districts that
6.7have an approved alternative professional pay system agreement under section 122A.414.
6.8 Sec. 3. Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:
6.9 Subd. 2. Alternative teacher professional pay system. (a) To participate in this
6.10program, a school district, intermediate school district, school site, or charter school must
6.11have an educational improvement plan under section122A.413 and an alternative teacher
6.12professional pay system agreement under paragraph (b). A charter school participant also
6.13must comply with subdivision 2a.
6.14(b) The alternative teacher professional pay system agreement must:
6.15(1) describe how teachers can achieve career advancement and additional
6.16compensation;
6.17(2) describe how the school district, intermediate school district, school site, or
6.18charter school will provide teachers with career advancement options that allow teachers
6.19to retain primary roles in student instruction and facilitate site-focused professional
6.20development that helps other teachers improve their skills;
6.21(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
6.22paid before implementing the pay system from being reduced as a result of participating
6.23in this system,and base at least 60 percent of any compensation increase on teacher
6.24performance using:
6.25(i) schoolwide student achievement gains under section120B.35 or locally selected
6.26standardized assessment outcomes, or both;
6.27(ii) measures of studentachievement growth that may include value-added models
6.28or student learning goals, consistent with section 122A.40, subdivision 8, clause (9), or
6.29122A.41, subdivision 5, clause (9);and
6.30(iii) an objective evaluation programthat includes: under section 122A.40,
6.31subdivision 8, paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2)
6.32(A) individual teacher evaluations aligned with the educational improvement plan
6.33under section
122A.413 and the staff development plan under section
122A.60; and
6.34(B) objective evaluations using multiple criteria conducted by a locally selected and
6.35periodically trained evaluation team that understands teaching and learning;
7.1(4) provideintegrated ongoing site-based professional development activities for
7.2participation in job-embedded learning opportunities such as professional learning
7.3communities to improve instructional skills and learning that are aligned with student needs
7.4under section122A.413 , consistent with the staff development plan under section
122A.60
7.5and led during the school day by trained teacher leaders such as master or mentor teachers;
7.6(5) allow any teacher in a participating school district, intermediate school district,
7.7school site, or charter school that implements an alternative pay system to participate in
7.8that system without any quota or other limit; and
7.9(6) encourage collaboration rather than competition among teachers.
7.10EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015 and
7.11later. Paragraph (b), clause (3), is effective for agreements under this section approved
7.12after August 1, 2015.
7.13 Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
7.14amended to read:
7.15 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
7.16federal, state, and local health and safety requirements applicable to school districts.
7.17 (b) A school must comply with statewide accountability requirements governing
7.18standards and assessments in chapter 120B.
7.19 (c) A school authorized by a school board may be located in any district, unless the
7.20school board of the district of the proposed location disapproves by written resolution.
7.21 (d) A charter school must be nonsectarian in its programs, admission policies,
7.22employment practices, and all other operations. An authorizer may not authorize a charter
7.23school or program that is affiliated with a nonpublic sectarian school or a religious
7.24institution. A charter school student must be released for religious instruction, consistent
7.25with section120A.22, subdivision 12 , clause (3).
7.26 (e) Charter schools must not be used as a method of providing education or
7.27generating revenue for students who are being home-schooled. This paragraph does not
7.28apply to shared time aid under section126C.19 .
7.29 (f) The primary focus of a charter school must be to provide a comprehensive
7.30program of instruction for at least one grade or age group from five through 18 years
7.31of age. Instruction may be provided to people younger than five years and older than
7.3218 years of age.
7.33 (g) A charter school may not charge tuition.
7.34 (h) A charter school is subject to and must comply with chapter 363A and section
7.35121A.04
.
8.1 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
8.2Act, sections121A.40 to
121A.56 , and the Minnesota Public School Fee Law, sections
8.3123B.34
to
123B.39 .
8.4 (j) A charter school is subject to the same financial audits, audit procedures, and
8.5audit requirements as a district, except as required under subdivision 6a. Audits must be
8.6conducted in compliance with generally accepted governmental auditing standards, the
8.7federal Single Audit Act, if applicable, and section6.65 . A charter school is subject
8.8to and must comply with sections15.054 ;
118A.01 ;
118A.02 ;
118A.03 ;
118A.04 ;
8.9118A.05
;
118A.06 ;
471.38 ;
471.391 ;
471.392 ; and
471.425 . The audit must comply with
8.10the requirements of sections123B.75 to
123B.83 , except to the extent deviations are
8.11necessary because of the program at the school. Deviations must be approved by the
8.12commissioner and authorizer. The Department of Education, state auditor, legislative
8.13auditor, or authorizer may conduct financial, program, or compliance audits. A charter
8.14school determined to be in statutory operating debt under sections123B.81 to
123B.83
8.15must submit a plan under section
123B.81, subdivision 4 .
8.16 (k) A charter school is a district for the purposes of tort liability under chapter 466.
8.17 (l) A charter school must comply with chapters 13 and 13D; and sections120A.22,
8.18subdivision 7 ;
121A.75 ; and
260B.171 , subdivisions 3 and 5.
8.19 (m) A charter school is subject to the Pledge of Allegiance requirement under
8.20section121A.11, subdivision 3 .
8.21 (n) A charter school offering online courses or programs must comply with section
8.22124D.095
.
8.23 (o) A charter school and charter school board of directors are subject to chapter 181.
8.24 (p) A charter school must comply with section120A.22, subdivision 7 , governing
8.25the transfer of students' educational records and sections138.163 and
138.17 governing
8.26the management of local records.
8.27 (q) A charter school that provides early childhood health and developmental
8.28screening must comply with sections121A.16 to
121A.19 .
8.29 (r) A charter school that provides school-sponsored youth athletic activities must
8.30comply with section 121A.38.
8.31 (s) A charter school is subject to and must comply with continuing truant notification
8.32under section260A.03 .
8.33(t) A charter school must develop and implement a teacher evaluation and peer review
8.34process under section122A.40, subdivision 8 , paragraph (b), clauses (2) to (12) (13), and
8.35is eligible to receive teacher development and evaluation revenue under section 122A.40,
8.36subdivision 8, paragraph (d), or 122A.41, subdivision 5, paragraph (d), for this purpose.
9.1(u) A charter school must adopt a policy, plan, budget, and process, consistent with
9.2section120B.11 , to review curriculum, instruction, and student achievement and strive
9.3for the world's best workforce.
9.4EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
9.5and later.
1.3Statutes 2012, section 122A.414, subdivision 2; Minnesota Statutes 2013
1.4Supplement, sections 122A.40, subdivision 8; 122A.41, subdivision 5; 124D.10,
1.5subdivision 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8,
1.8is amended to read:
1.9 Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.10teachers. (a) To improve student learning and success, a school board and an exclusive
1.11representative of the teachers in the district, consistent with paragraph (b), may develop
1.12a teacher evaluation and peer review process for probationary and continuing contract
1.13teachers through joint agreement. If a school board and the exclusive representative of the
1.14teachers do not agree to an annual teacher evaluation and peer review process, then the
1.15school board and the exclusive representative of the teachers must implement the state
1.16teacher evaluation plan
1.17include having trained observers serve as peer coaches
1.18
1.19(b) To develop, improve, and support qualified teachers and effective teaching
1.20practices and improve student learning and success, the annual evaluation process for
1.21teachers:
1.22(1) must, for probationary teachers, provide for all evaluations required under
1.23subdivision 5;
1.24(2) must establish a three-year professional review cycle for each teacher that
1.25includes an individual growth and development plan, a peer review process,
2.1
2.2at least one summative evaluation performed by a qualified and trained evaluator such as a
2.3school administrator. For the years when a tenured teacher is not evaluated by a qualified
2.4and trained evaluator, the teacher must be evaluated by a peer review;
2.5(3) must be based on professional teaching standards established in rule;
2.6(4) must coordinate staff development activities under sections
2.8(5) may provide time during the school day and school year for peer coaching and
2.9teacher collaboration;
2.10(6) may include job-embedded learning opportunities such as professional learning
2.11communities;
2.12(7) may include mentoring and induction programs;
2.13
2.14demonstrating evidence of reflection and professional growth, consistent with section
2.16based on student work samples and examples of teachers' work, which may include video
2.17among other activities for the summative evaluation;
2.18
2.19academic standards and must use state and local measures of student growth that may
2.20include value-added models or student learning goals to determine 35 percent of teacher
2.21evaluation results;
2.22
2.23other student outcome measures explicitly aligned with the elements of curriculum for
2.24which teachers are responsible;
2.25
2.26to perform summative evaluations and ensure school districts and charter schools provide
2.27for effective evaluator training specific to teacher development and evaluation;
2.28
2.29clauses (3) through
2.30that includes established goals and timelines; and
2.31
2.32improvement process under clause
2.33termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
2.34other discipline a school administrator determines is appropriate.
3.1Data on individual teachers generated under this subdivision are personnel data
3.2under section
3.3disclosed to other school officials with the consent of the teacher being coached.
3.4(c) The department, in consultation with parents who may represent parent
3.5organizations and teacher and administrator representatives appointed by their respective
3.6organizations, representing the Board of Teaching, the Minnesota Association of School
3.7Administrators, the Minnesota School Boards Association, the Minnesota Elementary
3.8and Secondary Principals Associations, Education Minnesota, and representatives of
3.9the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
3.10Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
3.11in teacher evaluation, must create and publish a teacher evaluation process that complies
3.12with the requirements in paragraph (b) and applies to all teachers under this section and
3.13section
3.14evaluation and peer review process. The teacher evaluation process created under this
3.15subdivision does not create additional due process rights for probationary teachers under
3.16subdivision 5.
3.17(d) School districts and intermediate school districts shall receive revenue for
3.18training teachers and school administrators in connection with the requirements of teacher
3.19evaluation and development in paragraph (b) of this subdivision, including peer review
3.20and summative evaluations. Teacher development and evaluation revenue for a school
3.21district or intermediate school district that does not have an alternative professional pay
3.22system agreement under section 122A.414, subdivision 2, equals $455 times the number
3.23of full-time equivalent teachers employed on October 1 of the previous school year. A
3.24school district or cooperative unit must reserve and expend this teacher development and
3.25evaluation revenue consistent with this subdivision.
3.26EFFECTIVE DATE.This section is effective for the 2014-2015 school year.
3.27Paragraph (b) is effective in the 2015-2016 school year for school districts that do not have
3.28an alternative professional pay system agreement under section 122A.414. Paragraph (b),
3.29clauses (9) and (10), are effective in the 2015-2016 school year for school districts that
3.30have an approved alternative professional pay system agreement under section 122A.414.
3.31 Sec. 2. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.32amended to read:
3.33 Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.34teachers. (a) To improve student learning and success, a school board and an exclusive
3.35representative of the teachers in the district, consistent with paragraph (b), may develop an
4.1annual teacher evaluation and peer review process for probationary and nonprobationary
4.2teachers through joint agreement. If a school board and the exclusive representative of the
4.3teachers in the district do not agree to an annual teacher evaluation and peer review process,
4.4then the school board and the exclusive representative of the teachers must implement
4.5the state teacher evaluation plan
4.6(c). The process must include having trained observers serve as peer coaches or having
4.7teachers participate in professional learning communities, consistent with paragraph (b).
4.8(b) To develop, improve, and support qualified teachers and effective teaching
4.9practices and improve student learning and success, the annual evaluation process for
4.10teachers:
4.11(1) must, for probationary teachers, provide for all evaluations required under
4.12subdivision 2;
4.13(2) must establish a three-year professional review cycle for each teacher that
4.14includes an individual growth and development plan, a peer review process,
4.15
4.16at least one summative evaluation performed by a qualified and trained evaluator such
4.17as a school administrator;
4.18(3) must be based on professional teaching standards established in rule;
4.19(4) must coordinate staff development activities under sections
4.21(5) may provide time during the school day and school year for peer coaching and
4.22teacher collaboration;
4.23(6) may include job-embedded learning opportunities such as professional learning
4.24communities;
4.25(7) may include mentoring and induction programs;
4.26
4.27demonstrating evidence of reflection and professional growth, consistent with section
4.29based on student work samples and examples of teachers' work, which may include video
4.30among other activities for the summative evaluation;
4.31
4.32academic standards and must use state and local measures of student growth that may
4.33include value-added models or student learning goals to determine 35 percent of teacher
4.34evaluation results;
5.1
5.2other student outcome measures explicitly aligned with the elements of curriculum for
5.3which teachers are responsible;
5.4
5.5to perform summative evaluations and ensure school districts and charter schools provide
5.6for effective evaluator training specific to teacher development and evaluation;
5.7
5.8clauses (3) through
5.9that includes established goals and timelines; and
5.10
5.11improvement process under clause
5.12termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
5.13other discipline a school administrator determines is appropriate.
5.14Data on individual teachers generated under this subdivision are personnel data
5.15under section
5.16disclosed to other school officials with the consent of the teacher being coached.
5.17(c) The department, in consultation with parents who may represent parent
5.18organizations and teacher and administrator representatives appointed by their respective
5.19organizations, representing the Board of Teaching, the Minnesota Association of School
5.20Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.21and Secondary Principals Associations, Education Minnesota, and representatives of
5.22the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.23Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.24in teacher evaluation, must create and publish a teacher evaluation process that complies
5.25with the requirements in paragraph (b) and applies to all teachers under this section and
5.26section
5.27evaluation and peer review process. The teacher evaluation process created under this
5.28subdivision does not create additional due process rights for probationary teachers under
5.29subdivision 2.
5.30(d) School districts and intermediate school districts shall receive revenue for
5.31training teachers and school administrators in connection with the requirements of teacher
5.32evaluation and development in paragraph (b) of this subdivision, including peer review
5.33and summative evaluations. Teacher development and evaluation revenue for a school
5.34district or intermediate school district that does not have an alternative professional pay
5.35system agreement under section 122A.414, subdivision 2, equals $455 times the number
5.36of full-time equivalent teachers employed on October 1 of the previous school year. A
6.1school district or cooperative unit must reserve and expend this teacher development and
6.2evaluation revenue consistent with this subdivision.
6.3EFFECTIVE DATE.This section is effective for the 2014-2015 school year.
6.4Paragraph (b) is effective in the 2015-2016 school year for school districts that do not have
6.5an alternative professional pay system agreement under section 122A.414. Paragraph (b),
6.6clauses (9) and (10), are effective in the 2015-2016 school year for school districts that
6.7have an approved alternative professional pay system agreement under section 122A.414.
6.8 Sec. 3. Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:
6.9 Subd. 2. Alternative teacher professional pay system. (a) To participate in this
6.10program, a school district, intermediate school district, school site, or charter school must
6.11have an educational improvement plan under section
6.12professional pay system agreement under paragraph (b). A charter school participant also
6.13must comply with subdivision 2a.
6.14(b) The alternative teacher professional pay system agreement must:
6.15(1) describe how teachers can achieve career advancement and additional
6.16compensation;
6.17(2) describe how the school district, intermediate school district, school site, or
6.18charter school will provide teachers with career advancement options that allow teachers
6.19to retain primary roles in student instruction and facilitate site-focused professional
6.20development that helps other teachers improve their skills;
6.21(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
6.22paid before implementing the pay system from being reduced as a result of participating
6.23in this system,
6.24performance using:
6.25(i) schoolwide student achievement gains under section
6.26standardized assessment outcomes, or both;
6.27(ii) measures of student
6.28or student learning goals, consistent with section 122A.40, subdivision 8, clause (9), or
6.29122A.41, subdivision 5, clause (9);
6.30(iii) an objective evaluation program
6.31subdivision 8, paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2)
6.32
6.33
6.34
6.35
7.1(4) provide
7.2participation in job-embedded learning opportunities such as professional learning
7.3communities to improve instructional skills and learning that are aligned with student needs
7.4under section
7.5and led during the school day by trained teacher leaders such as master or mentor teachers;
7.6(5) allow any teacher in a participating school district, intermediate school district,
7.7school site, or charter school that implements an alternative pay system to participate in
7.8that system without any quota or other limit; and
7.9(6) encourage collaboration rather than competition among teachers.
7.10EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015 and
7.11later. Paragraph (b), clause (3), is effective for agreements under this section approved
7.12after August 1, 2015.
7.13 Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
7.14amended to read:
7.15 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
7.16federal, state, and local health and safety requirements applicable to school districts.
7.17 (b) A school must comply with statewide accountability requirements governing
7.18standards and assessments in chapter 120B.
7.19 (c) A school authorized by a school board may be located in any district, unless the
7.20school board of the district of the proposed location disapproves by written resolution.
7.21 (d) A charter school must be nonsectarian in its programs, admission policies,
7.22employment practices, and all other operations. An authorizer may not authorize a charter
7.23school or program that is affiliated with a nonpublic sectarian school or a religious
7.24institution. A charter school student must be released for religious instruction, consistent
7.25with section
7.26 (e) Charter schools must not be used as a method of providing education or
7.27generating revenue for students who are being home-schooled. This paragraph does not
7.28apply to shared time aid under section
7.29 (f) The primary focus of a charter school must be to provide a comprehensive
7.30program of instruction for at least one grade or age group from five through 18 years
7.31of age. Instruction may be provided to people younger than five years and older than
7.3218 years of age.
7.33 (g) A charter school may not charge tuition.
7.34 (h) A charter school is subject to and must comply with chapter 363A and section
8.1 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
8.2Act, sections
8.4 (j) A charter school is subject to the same financial audits, audit procedures, and
8.5audit requirements as a district, except as required under subdivision 6a. Audits must be
8.6conducted in compliance with generally accepted governmental auditing standards, the
8.7federal Single Audit Act, if applicable, and section
8.8to and must comply with sections
8.10the requirements of sections
8.11necessary because of the program at the school. Deviations must be approved by the
8.12commissioner and authorizer. The Department of Education, state auditor, legislative
8.13auditor, or authorizer may conduct financial, program, or compliance audits. A charter
8.14school determined to be in statutory operating debt under sections
8.16 (k) A charter school is a district for the purposes of tort liability under chapter 466.
8.17 (l) A charter school must comply with chapters 13 and 13D; and sections
8.18subdivision 7
8.19 (m) A charter school is subject to the Pledge of Allegiance requirement under
8.20section
8.21 (n) A charter school offering online courses or programs must comply with section
8.23 (o) A charter school and charter school board of directors are subject to chapter 181.
8.24 (p) A charter school must comply with section
8.25the transfer of students' educational records and sections
8.26the management of local records.
8.27 (q) A charter school that provides early childhood health and developmental
8.28screening must comply with sections
8.29 (r) A charter school that provides school-sponsored youth athletic activities must
8.30comply with section 121A.38.
8.31 (s) A charter school is subject to and must comply with continuing truant notification
8.32under section
8.33(t) A charter school must develop and implement a teacher evaluation and peer review
8.34process under section
8.35is eligible to receive teacher development and evaluation revenue under section 122A.40,
8.36subdivision 8, paragraph (d), or 122A.41, subdivision 5, paragraph (d), for this purpose.
9.1(u) A charter school must adopt a policy, plan, budget, and process, consistent with
9.2section
9.3for the world's best workforce.
9.4EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
9.5and later.
