Bill Text: MN SF2459 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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 evaluator training is specific to teacher
2.27development and evaluation and regularly renewed;
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.
2.35Data on individual teachers generated under this subdivision are personnel data
2.36under section13.43 . However, records of peer coaches that (i) are in the sole possession of
3.1the peer coach, (ii) are not accessible or revealed to any individual except the teacher being
3.2coached, and (iii) are destroyed at the end of the school year, are not government data.
3.3(c) The department, in consultation with parents who may represent parent
3.4organizations and teacher and administrator representatives appointed by their respective
3.5organizations, representing the Board of Teaching, the Minnesota Association of School
3.6Administrators, the Minnesota School Boards Association, the Minnesota Elementary
3.7and Secondary Principals Associations, Education Minnesota, and representatives of
3.8the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
3.9Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
3.10in teacher evaluation, must create and publish a teacher evaluation process that complies
3.11with the requirements in paragraph (b) and applies to all teachers under this section and
3.12section122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
3.13evaluation and peer review process. The teacher evaluation process created under this
3.14subdivision does not create additional due process rights for probationary teachers under
3.15subdivision 5.
3.16(d) Teacher development and evaluation revenue for a school district or charter
3.17school that does not have an alternative professional pay system agreement under section
3.18122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district or
3.19charter school on October 1 of the previous school year. A school district, intermediate
3.20school district, and charter school must reserve and expend this teacher development and
3.21evaluation revenue consistent with this subdivision.
3.22EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.23and later.
3.24 Sec. 2. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.25amended to read:
3.26 Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.27teachers. (a) To improve student learning and success, a school board and an exclusive
3.28representative of the teachers in the district, consistent with paragraph (b), may develop an
3.29annual teacher evaluation and peer review process for probationary and nonprobationary
3.30teachers through joint agreement. If a school board and the exclusive representative of the
3.31teachers in the district do not agree to an annual teacher evaluation and peer review process,
3.32then the school board and the exclusive representative of the teachers must implement
3.33the state teacher evaluation planfor evaluation and review developed under paragraph
3.34(c). The process must include having trained observers serve as peer coaches or having
3.35teachers participate in professional learning communities, consistent with paragraph (b).
4.1(b) To develop, improve, and support qualified teachers and effective teaching
4.2practices and improve student learning and success, the annual evaluation process for
4.3teachers:
4.4(1) must, for probationary teachers, provide for all evaluations required under
4.5subdivision 2;
4.6(2) must establish a three-year professional review cycle for each teacher that
4.7includes an individual growth and development plan, a peer review process,the
4.8opportunity to participate in a professional learning community under paragraph (a), and
4.9at least one summative evaluation performed by a qualified and trained evaluator such as a
4.10school administrator. For the years when a tenured teacher is not evaluated by a qualified
4.11and trained evaluator, the teacher must be evaluated by a peer review;
4.12(3) must be based on professional teaching standards established in rule;
4.13(4) must coordinate staff development activities under sections122A.60 and
4.14122A.61
with this evaluation process and teachers' evaluation outcomes;
4.15(5) may provide time during the school day and school year for peer coaching and
4.16teacher collaboration;
4.17(6) may include job-embedded learning opportunities such as professional learning
4.18communities;
4.19(7) may include mentoring and induction programs;
4.20(7) (8) must include an option for teachers to develop and present a portfolio
4.21demonstrating evidence of reflection and professional growth, consistent with section
4.22122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
4.23based on student work samples and examples of teachers' work, which may include video
4.24among other activities for the summative evaluation;
4.25(8) (9) must use data from valid and reliable assessments aligned to state and local
4.26academic standards and must use state and local measures of student growth that may
4.27include value-added models or student learning goals to determine 35 percent of teacher
4.28evaluation results;
4.29(9) (10) must use longitudinal data on student engagement and connection and
4.30other student outcome measures explicitly aligned with the elements of curriculum for
4.31which teachers are responsible;
4.32(10) (11) must require qualified and trained evaluators such as school administrators
4.33to perform summative evaluations and ensure evaluator training is specific to teacher
4.34development and evaluation and regularly renewed;
5.1(11) (12) must give teachers not meeting professional teaching standards under
5.2clauses (3) through(10) (11) support to improve through a teacher improvement process
5.3that includes established goals and timelines; and
5.4(12) (13) must discipline a teacher for not making adequate progress in the teacher
5.5improvement process under clause(11) (12) that may include a last chance warning,
5.6termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
5.7other discipline a school administrator determines is appropriate.
5.8Data on individual teachers generated under this subdivision are personnel data
5.9under section13.43 . However, records of peer coaches that (i) are in the sole possession of
5.10the peer coach, (ii) are not accessible or revealed to any individual except the teacher being
5.11coached, and (iii) are destroyed at the end of the school year, are not government data.
5.12(c) The department, in consultation with parents who may represent parent
5.13organizations and teacher and administrator representatives appointed by their respective
5.14organizations, representing the Board of Teaching, the Minnesota Association of School
5.15Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.16and Secondary Principals Associations, Education Minnesota, and representatives of
5.17the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.18Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.19in teacher evaluation, must create and publish a teacher evaluation process that complies
5.20with the requirements in paragraph (b) and applies to all teachers under this section and
5.21section122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
5.22evaluation and peer review process. The teacher evaluation process created under this
5.23subdivision does not create additional due process rights for probationary teachers under
5.24subdivision 2.
5.25(d) Teacher development and evaluation revenue for a school district or charter
5.26school that does not have an alternative professional pay system agreement under section
5.27122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district or
5.28charter school on October 1 of the previous school year. A school district, intermediate
5.29school district, and charter school must reserve and expend this teacher development and
5.30evaluation revenue consistent with this subdivision.
5.31EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
5.32and later.
5.33 Sec. 3. Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:
5.34 Subd. 2. Alternative teacher professional pay system. (a) To participate in this
5.35program, a school district, intermediate school district, school site, or charter school must
6.1have an educational improvement plan under section122A.413 and an alternative teacher
6.2professional pay system agreement under paragraph (b). A charter school participant also
6.3must comply with subdivision 2a.
6.4(b) The alternative teacher professional pay system agreement must:
6.5(1) describe how teachers can achieve career advancement and additional
6.6compensation;
6.7(2) describe how the school district, intermediate school district, school site, or
6.8charter school will provide teachers with career advancement options that allow teachers
6.9to retain primary roles in student instruction and facilitate site-focused professional
6.10development that helps other teachers improve their skills;
6.11(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
6.12paid before implementing the pay system from being reduced as a result of participating
6.13in this system,and base at least 60 percent of any compensation increase on teacher
6.14performance using individual teacher evaluations developed under the criteria in section
6.15122A.40, subdivision 8, or 122A.41, subdivision 5, and provide performance pay based on:
6.16(i) schoolwide student achievement gains under section120B.35 or locally selected
6.17standardized assessment outcomes, or both;
6.18(ii) measures of studentachievement growth that may include value-added models
6.19or student learning goals to determine 35 percent of teacher evaluation results, consistent
6.20with section 122A.40, subdivision 8, clause (9), or 122A.41, subdivision 5, clause (9);and
6.21(iii) an objective evaluation program that includes:
6.22(A) individual teacher evaluations aligned with the educational improvement plan
6.23under section
122A.413 and the staff development plan under section
122A.60; and
6.24(B) objective evaluations using multiple criteria conducted by a locally selected
6.25and periodically trained evaluation team that understands teaching and learning (iii)
6.26participation in job-embedded learning opportunities such as professional learning
6.27communities; and
6.28(iv) peer observations in section 122A.40, subdivision 8, paragraph (b), clause (2),
6.29or 122A.41, subdivision 5, paragraph (b), clause (2);
6.30(4) provide integrated ongoing site-based professional development activities to
6.31improve instructional skills and learning that are aligned with student needs under section
6.32122A.413
, consistent with the staff development plan under section
122A.60 and led
6.33during the school day by trained teacher leaders such as master or mentor teachers;
6.34(5) allow any teacher in a participating school district, intermediate school district,
6.35school site, or charter school that implements an alternative pay system to participate in
6.36that system without any quota or other limit; and
7.1(6) encourage collaboration rather than competition among teachers.
7.2EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015 and
7.3later. Paragraph (b), clause (3), item (ii), is effective for agreements under this section
7.4approved after August 1, 2015.
7.5 Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
7.6amended to read:
7.7 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
7.8federal, state, and local health and safety requirements applicable to school districts.
7.9 (b) A school must comply with statewide accountability requirements governing
7.10standards and assessments in chapter 120B.
7.11 (c) A school authorized by a school board may be located in any district, unless the
7.12school board of the district of the proposed location disapproves by written resolution.
7.13 (d) A charter school must be nonsectarian in its programs, admission policies,
7.14employment practices, and all other operations. An authorizer may not authorize a charter
7.15school or program that is affiliated with a nonpublic sectarian school or a religious
7.16institution. A charter school student must be released for religious instruction, consistent
7.17with section120A.22, subdivision 12 , clause (3).
7.18 (e) Charter schools must not be used as a method of providing education or
7.19generating revenue for students who are being home-schooled. This paragraph does not
7.20apply to shared time aid under section126C.19 .
7.21 (f) The primary focus of a charter school must be to provide a comprehensive
7.22program of instruction for at least one grade or age group from five through 18 years
7.23of age. Instruction may be provided to people younger than five years and older than
7.2418 years of age.
7.25 (g) A charter school may not charge tuition.
7.26 (h) A charter school is subject to and must comply with chapter 363A and section
7.27121A.04
.
7.28 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
7.29Act, sections121A.40 to
121A.56 , and the Minnesota Public School Fee Law, sections
7.30123B.34
to
123B.39 .
7.31 (j) A charter school is subject to the same financial audits, audit procedures, and
7.32audit requirements as a district, except as required under subdivision 6a. Audits must be
7.33conducted in compliance with generally accepted governmental auditing standards, the
7.34federal Single Audit Act, if applicable, and section6.65 . A charter school is subject
7.35to and must comply with sections15.054 ;
118A.01 ;
118A.02 ;
118A.03 ;
118A.04 ;
8.1118A.05
;
118A.06 ;
471.38 ;
471.391 ;
471.392 ; and
471.425 . The audit must comply with
8.2the requirements of sections123B.75 to
123B.83 , except to the extent deviations are
8.3necessary because of the program at the school. Deviations must be approved by the
8.4commissioner and authorizer. The Department of Education, state auditor, legislative
8.5auditor, or authorizer may conduct financial, program, or compliance audits. A charter
8.6school determined to be in statutory operating debt under sections123B.81 to
123B.83
8.7must submit a plan under section
123B.81, subdivision 4 .
8.8 (k) A charter school is a district for the purposes of tort liability under chapter 466.
8.9 (l) A charter school must comply with chapters 13 and 13D; and sections120A.22,
8.10subdivision 7 ;
121A.75 ; and
260B.171 , subdivisions 3 and 5.
8.11 (m) A charter school is subject to the Pledge of Allegiance requirement under
8.12section121A.11, subdivision 3 .
8.13 (n) A charter school offering online courses or programs must comply with section
8.14124D.095
.
8.15 (o) A charter school and charter school board of directors are subject to chapter 181.
8.16 (p) A charter school must comply with section120A.22, subdivision 7 , governing
8.17the transfer of students' educational records and sections138.163 and
138.17 governing
8.18the management of local records.
8.19 (q) A charter school that provides early childhood health and developmental
8.20screening must comply with sections121A.16 to
121A.19 .
8.21 (r) A charter school that provides school-sponsored youth athletic activities must
8.22comply with section 121A.38.
8.23 (s) A charter school is subject to and must comply with continuing truant notification
8.24under section260A.03 .
8.25(t) A charter school must develop and implement a teacher evaluation and peer review
8.26process under section122A.40, subdivision 8 , paragraph (b), clauses (2) to (12) (13), and
8.27is eligible to receive teacher development and evaluation revenue under section 122A.40,
8.28subdivision 8, paragraph (d), or 122A.41, subdivision 5, paragraph (d), for this purpose.
8.29(u) A charter school must adopt a policy, plan, budget, and process, consistent with
8.30section120B.11 , to review curriculum, instruction, and student achievement and strive
8.31for the world's best workforce.
8.32EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
8.33and 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 evaluator training is specific to teacher
2.27development and evaluation and regularly renewed;
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.
2.35Data on individual teachers generated under this subdivision are personnel data
2.36under section
3.1the peer coach, (ii) are not accessible or revealed to any individual except the teacher being
3.2coached, and (iii) are destroyed at the end of the school year, are not government data.
3.3(c) The department, in consultation with parents who may represent parent
3.4organizations and teacher and administrator representatives appointed by their respective
3.5organizations, representing the Board of Teaching, the Minnesota Association of School
3.6Administrators, the Minnesota School Boards Association, the Minnesota Elementary
3.7and Secondary Principals Associations, Education Minnesota, and representatives of
3.8the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
3.9Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
3.10in teacher evaluation, must create and publish a teacher evaluation process that complies
3.11with the requirements in paragraph (b) and applies to all teachers under this section and
3.12section
3.13evaluation and peer review process. The teacher evaluation process created under this
3.14subdivision does not create additional due process rights for probationary teachers under
3.15subdivision 5.
3.16(d) Teacher development and evaluation revenue for a school district or charter
3.17school that does not have an alternative professional pay system agreement under section
3.18122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district or
3.19charter school on October 1 of the previous school year. A school district, intermediate
3.20school district, and charter school must reserve and expend this teacher development and
3.21evaluation revenue consistent with this subdivision.
3.22EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.23and later.
3.24 Sec. 2. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.25amended to read:
3.26 Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.27teachers. (a) To improve student learning and success, a school board and an exclusive
3.28representative of the teachers in the district, consistent with paragraph (b), may develop an
3.29annual teacher evaluation and peer review process for probationary and nonprobationary
3.30teachers through joint agreement. If a school board and the exclusive representative of the
3.31teachers in the district do not agree to an annual teacher evaluation and peer review process,
3.32then the school board and the exclusive representative of the teachers must implement
3.33the state teacher evaluation plan
3.34(c). The process must include having trained observers serve as peer coaches or having
3.35teachers participate in professional learning communities, consistent with paragraph (b).
4.1(b) To develop, improve, and support qualified teachers and effective teaching
4.2practices and improve student learning and success, the annual evaluation process for
4.3teachers:
4.4(1) must, for probationary teachers, provide for all evaluations required under
4.5subdivision 2;
4.6(2) must establish a three-year professional review cycle for each teacher that
4.7includes an individual growth and development plan, a peer review process,
4.8
4.9at least one summative evaluation performed by a qualified and trained evaluator such as a
4.10school administrator. For the years when a tenured teacher is not evaluated by a qualified
4.11and trained evaluator, the teacher must be evaluated by a peer review;
4.12(3) must be based on professional teaching standards established in rule;
4.13(4) must coordinate staff development activities under sections
4.15(5) may provide time during the school day and school year for peer coaching and
4.16teacher collaboration;
4.17(6) may include job-embedded learning opportunities such as professional learning
4.18communities;
4.19(7) may include mentoring and induction programs;
4.20
4.21demonstrating evidence of reflection and professional growth, consistent with section
4.23based on student work samples and examples of teachers' work, which may include video
4.24among other activities for the summative evaluation;
4.25
4.26academic standards and must use state and local measures of student growth that may
4.27include value-added models or student learning goals to determine 35 percent of teacher
4.28evaluation results;
4.29
4.30other student outcome measures explicitly aligned with the elements of curriculum for
4.31which teachers are responsible;
4.32
4.33to perform summative evaluations and ensure evaluator training is specific to teacher
4.34development and evaluation and regularly renewed;
5.1
5.2clauses (3) through
5.3that includes established goals and timelines; and
5.4
5.5improvement process under clause
5.6termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
5.7other discipline a school administrator determines is appropriate.
5.8Data on individual teachers generated under this subdivision are personnel data
5.9under section
5.10the peer coach, (ii) are not accessible or revealed to any individual except the teacher being
5.11coached, and (iii) are destroyed at the end of the school year, are not government data.
5.12(c) The department, in consultation with parents who may represent parent
5.13organizations and teacher and administrator representatives appointed by their respective
5.14organizations, representing the Board of Teaching, the Minnesota Association of School
5.15Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.16and Secondary Principals Associations, Education Minnesota, and representatives of
5.17the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.18Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.19in teacher evaluation, must create and publish a teacher evaluation process that complies
5.20with the requirements in paragraph (b) and applies to all teachers under this section and
5.21section
5.22evaluation and peer review process. The teacher evaluation process created under this
5.23subdivision does not create additional due process rights for probationary teachers under
5.24subdivision 2.
5.25(d) Teacher development and evaluation revenue for a school district or charter
5.26school that does not have an alternative professional pay system agreement under section
5.27122A.414, subdivision 2, equals $169 times the number of pupils enrolled at the district or
5.28charter school on October 1 of the previous school year. A school district, intermediate
5.29school district, and charter school must reserve and expend this teacher development and
5.30evaluation revenue consistent with this subdivision.
5.31EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
5.32and later.
5.33 Sec. 3. Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:
5.34 Subd. 2. Alternative teacher professional pay system. (a) To participate in this
5.35program, a school district, intermediate school district, school site, or charter school must
6.1have an educational improvement plan under section
6.2professional pay system agreement under paragraph (b). A charter school participant also
6.3must comply with subdivision 2a.
6.4(b) The alternative teacher professional pay system agreement must:
6.5(1) describe how teachers can achieve career advancement and additional
6.6compensation;
6.7(2) describe how the school district, intermediate school district, school site, or
6.8charter school will provide teachers with career advancement options that allow teachers
6.9to retain primary roles in student instruction and facilitate site-focused professional
6.10development that helps other teachers improve their skills;
6.11(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
6.12paid before implementing the pay system from being reduced as a result of participating
6.13in this system,
6.14performance using individual teacher evaluations developed under the criteria in section
6.15122A.40, subdivision 8, or 122A.41, subdivision 5, and provide performance pay based on:
6.16(i) schoolwide student achievement gains under section
6.17standardized assessment outcomes, or both;
6.18(ii) measures of student
6.19or student learning goals to determine 35 percent of teacher evaluation results, consistent
6.20with section 122A.40, subdivision 8, clause (9), or 122A.41, subdivision 5, clause (9);
6.21
6.22
6.23
6.24
6.25
6.26participation in job-embedded learning opportunities such as professional learning
6.27communities; and
6.28(iv) peer observations in section 122A.40, subdivision 8, paragraph (b), clause (2),
6.29or 122A.41, subdivision 5, paragraph (b), clause (2);
6.30(4) provide integrated ongoing site-based professional development activities to
6.31improve instructional skills and learning that are aligned with student needs under section
6.33during the school day by trained teacher leaders such as master or mentor teachers;
6.34(5) allow any teacher in a participating school district, intermediate school district,
6.35school site, or charter school that implements an alternative pay system to participate in
6.36that system without any quota or other limit; and
7.1(6) encourage collaboration rather than competition among teachers.
7.2EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015 and
7.3later. Paragraph (b), clause (3), item (ii), is effective for agreements under this section
7.4approved after August 1, 2015.
7.5 Sec. 4. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8, is
7.6amended to read:
7.7 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
7.8federal, state, and local health and safety requirements applicable to school districts.
7.9 (b) A school must comply with statewide accountability requirements governing
7.10standards and assessments in chapter 120B.
7.11 (c) A school authorized by a school board may be located in any district, unless the
7.12school board of the district of the proposed location disapproves by written resolution.
7.13 (d) A charter school must be nonsectarian in its programs, admission policies,
7.14employment practices, and all other operations. An authorizer may not authorize a charter
7.15school or program that is affiliated with a nonpublic sectarian school or a religious
7.16institution. A charter school student must be released for religious instruction, consistent
7.17with section
7.18 (e) Charter schools must not be used as a method of providing education or
7.19generating revenue for students who are being home-schooled. This paragraph does not
7.20apply to shared time aid under section
7.21 (f) The primary focus of a charter school must be to provide a comprehensive
7.22program of instruction for at least one grade or age group from five through 18 years
7.23of age. Instruction may be provided to people younger than five years and older than
7.2418 years of age.
7.25 (g) A charter school may not charge tuition.
7.26 (h) A charter school is subject to and must comply with chapter 363A and section
7.28 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
7.29Act, sections
7.31 (j) A charter school is subject to the same financial audits, audit procedures, and
7.32audit requirements as a district, except as required under subdivision 6a. Audits must be
7.33conducted in compliance with generally accepted governmental auditing standards, the
7.34federal Single Audit Act, if applicable, and section
7.35to and must comply with sections
8.2the requirements of sections
8.3necessary because of the program at the school. Deviations must be approved by the
8.4commissioner and authorizer. The Department of Education, state auditor, legislative
8.5auditor, or authorizer may conduct financial, program, or compliance audits. A charter
8.6school determined to be in statutory operating debt under sections
8.8 (k) A charter school is a district for the purposes of tort liability under chapter 466.
8.9 (l) A charter school must comply with chapters 13 and 13D; and sections
8.10subdivision 7
8.11 (m) A charter school is subject to the Pledge of Allegiance requirement under
8.12section
8.13 (n) A charter school offering online courses or programs must comply with section
8.15 (o) A charter school and charter school board of directors are subject to chapter 181.
8.16 (p) A charter school must comply with section
8.17the transfer of students' educational records and sections
8.18the management of local records.
8.19 (q) A charter school that provides early childhood health and developmental
8.20screening must comply with sections
8.21 (r) A charter school that provides school-sponsored youth athletic activities must
8.22comply with section 121A.38.
8.23 (s) A charter school is subject to and must comply with continuing truant notification
8.24under section
8.25(t) A charter school must develop and implement a teacher evaluation and peer review
8.26process under section
8.27is eligible to receive teacher development and evaluation revenue under section 122A.40,
8.28subdivision 8, paragraph (d), or 122A.41, subdivision 5, paragraph (d), for this purpose.
8.29(u) A charter school must adopt a policy, plan, budget, and process, consistent with
8.30section
8.31for the world's best workforce.
8.32EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
8.33and later.
