Bill Text: MN HF1935 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Student placement with ineffective teachers prohibition established.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-02-25 - Introduction and first reading, referred to Education Policy [HF1935 Detail]
Download: Minnesota-2013-HF1935-Introduced.html
1.2relating to education; establishing a prohibition against placing students with
1.3ineffective teachers;amending Minnesota Statutes 2013 Supplement, sections
1.4122A.40, subdivision 8; 122A.41, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8,
1.7is amended to read:
1.8 Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.9teachers. (a) To improve student learning and success, a school board and an exclusive
1.10representative of the teachers in the district, consistent with paragraph (b), may develop
1.11a teacher evaluation and peer review process for probationary and continuing contract
1.12teachers through joint agreement. If a school board and the exclusive representative of the
1.13teachers do not agree to an annual teacher evaluation and peer review process, then the
1.14school board and the exclusive representative of the teachers must implement the plan
1.15for evaluation and review under paragraph (c). The process must include having trained
1.16observers serve as peer coaches or having teachers participate in professional learning
1.17communities, consistent with paragraph (b).
1.18(b) To develop, improve, and support qualified teachers and effective teaching
1.19practices and improve student learning and success, the annual evaluation process for
1.20teachers:
1.21(1) must, for probationary teachers, provide for all evaluations required under
1.22subdivision 5;
1.23(2) must establish a three-year professional review cycle for each teacher that
1.24includes 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 mentoring and induction programs;
2.11(7) must include an option for teachers to develop and present a portfolio
2.12demonstrating evidence of reflection and professional growth, consistent with section
2.13122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
2.14based on student work samples and examples of teachers' work, which may include video
2.15among other activities for the summative evaluation;
2.16(8) must use data from valid and reliable assessments aligned to state and local
2.17academic standards and must use state and local measures of student growth that may
2.18include value-added models or student learning goals to determine 35 percent of teacher
2.19evaluation results;
2.20(9) must use longitudinal data on student engagement and connection, and other
2.21student outcome measures explicitly aligned with the elements of curriculum for which
2.22teachers are responsible;
2.23(10) must require qualified and trained evaluators such as school administrators to
2.24perform summative evaluations;
2.25(11) must give teachers not meeting professional teaching standards under clauses
2.26(3) through (10) support to improve through a teacher improvement process that includes
2.27established goals and timelines; and
2.28(12) must discipline a teacher for not making adequate progress in the teacher
2.29improvement process under clause (11) that may include a last chance warning,
2.30termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
2.31other discipline a school administrator determines is appropriate.
2.32Data on individual teachers generated under this subdivision are personnel data
2.33under section13.43 .
2.34(c) The department, in consultation with parents who may represent parent
2.35organizations and teacher and administrator representatives appointed by their respective
2.36organizations, representing the Board of Teaching, the Minnesota Association of School
3.1Administrators, the Minnesota School Boards Association, the Minnesota Elementary
3.2and Secondary Principals Associations, Education Minnesota, and representatives of
3.3the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
3.4Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
3.5in teacher evaluation, must create and publish a teacher evaluation process that complies
3.6with the requirements in paragraph (b) and applies to all teachers under this section and
3.7section122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
3.8evaluation and peer review process. The teacher evaluation process created under this
3.9subdivision does not create additional due process rights for probationary teachers under
3.10subdivision 5.
3.11(d) Consistent with the measures of teacher effectiveness under this subdivision:
3.12(1) for students in kindergarten through grade 4, a school administrator must not
3.13place a student in consecutive school years in the classroom of a teacher with the lowest
3.14evaluation rating in the previous school year unless no other teacher at the school teaches
3.15that grade; and
3.16(2) for students in grades 5 through 12, a school administrator must not place
3.17students in consecutive school years in the classroom of a teacher with the lowest
3.18evaluation rating in the previous school year unless no other teacher at the school teaches
3.19that subject area and grade.
3.20EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
3.21later.
3.22 Sec. 2. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.23amended to read:
3.24 Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.25teachers. (a) To improve student learning and success, a school board and an exclusive
3.26representative of the teachers in the district, consistent with paragraph (b), may develop an
3.27annual teacher evaluation and peer review process for probationary and nonprobationary
3.28teachers through joint agreement. If a school board and the exclusive representative of
3.29the teachers in the district do not agree to an annual teacher evaluation and peer review
3.30process, then the school board and the exclusive representative of the teachers must
3.31implement the plan for evaluation and review developed under paragraph (c). The process
3.32must include having trained observers serve as peer coaches or having teachers participate
3.33in 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
4.10as a school administrator;
4.11(3) must be based on professional teaching standards established in rule;
4.12(4) must coordinate staff development activities under sections122A.60 and
4.13122A.61
with this evaluation process and teachers' evaluation outcomes;
4.14(5) may provide time during the school day and school year for peer coaching and
4.15teacher collaboration;
4.16(6) may include mentoring and induction programs;
4.17(7) must include an option for teachers to develop and present a portfolio
4.18demonstrating evidence of reflection and professional growth, consistent with section
4.19122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
4.20based on student work samples and examples of teachers' work, which may include video
4.21among other activities for the summative evaluation;
4.22(8) must use data from valid and reliable assessments aligned to state and local
4.23academic standards and must use state and local measures of student growth that may
4.24include value-added models or student learning goals to determine 35 percent of teacher
4.25evaluation results;
4.26(9) must use longitudinal data on student engagement and connection and other
4.27student outcome measures explicitly aligned with the elements of curriculum for which
4.28teachers are responsible;
4.29(10) must require qualified and trained evaluators such as school administrators to
4.30perform summative evaluations;
4.31(11) must give teachers not meeting professional teaching standards under clauses
4.32(3) through (10) support to improve through a teacher improvement process that includes
4.33established goals and timelines; and
4.34(12) must discipline a teacher for not making adequate progress in the teacher
4.35improvement process under clause (11) that may include a last chance warning,
5.1termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
5.2other discipline a school administrator determines is appropriate.
5.3Data on individual teachers generated under this subdivision are personnel data
5.4under section13.43 .
5.5(c) The department, in consultation with parents who may represent parent
5.6organizations and teacher and administrator representatives appointed by their respective
5.7organizations, representing the Board of Teaching, the Minnesota Association of School
5.8Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.9and Secondary Principals Associations, Education Minnesota, and representatives of
5.10the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.11Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.12in teacher evaluation, must create and publish a teacher evaluation process that complies
5.13with the requirements in paragraph (b) and applies to all teachers under this section and
5.14section122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
5.15evaluation and peer review process. The teacher evaluation process created under this
5.16subdivision does not create additional due process rights for probationary teachers under
5.17subdivision 2.
5.18(d) Consistent with the measures of teacher effectiveness under this subdivision:
5.19(1) for students in kindergarten through grade 4, a school administrator must not
5.20place a student in consecutive school years in the classroom of a teacher with the lowest
5.21evaluation rating in the previous school year unless no other teacher at the school teaches
5.22that grade; and
5.23(2) for students in grades 5 through 12, a school administrator must not place
5.24students in consecutive school years in the classroom of a teacher with the lowest
5.25evaluation rating in the previous school year unless no other teacher at the school teaches
5.26that subject area and grade.
5.27EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
5.28later.
5.29 Sec. 3. PROHIBITION AGAINST PLACING STUDENTS WITH
5.30INEFFECTIVE TEACHERS; LEGISLATIVE REPORT.
5.31The commissioner must consult with the education stakeholders listed under
5.32Minnesota Statutes, sections 122A.40, subdivision 8, paragraph (c), in reviewing the
5.33policies under Minnesota Statutes, sections 122A.40, subdivision 8, paragraph (b), and
5.34122A.41, subdivision 5, paragraph (b), and recommend to the education policy and finance
6.1committees of the legislature by January 15, 2015, the funding and other mechanisms
6.2required to implement those policies.
6.3EFFECTIVE DATE.This section is effective the day following final enactment.
1.3ineffective teachers;amending Minnesota Statutes 2013 Supplement, sections
1.4122A.40, subdivision 8; 122A.41, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8,
1.7is amended to read:
1.8 Subd. 8. Development, evaluation, and peer coaching for continuing contract
1.9teachers. (a) To improve student learning and success, a school board and an exclusive
1.10representative of the teachers in the district, consistent with paragraph (b), may develop
1.11a teacher evaluation and peer review process for probationary and continuing contract
1.12teachers through joint agreement. If a school board and the exclusive representative of the
1.13teachers do not agree to an annual teacher evaluation and peer review process, then the
1.14school board and the exclusive representative of the teachers must implement the plan
1.15for evaluation and review under paragraph (c). The process must include having trained
1.16observers serve as peer coaches or having teachers participate in professional learning
1.17communities, consistent with paragraph (b).
1.18(b) To develop, improve, and support qualified teachers and effective teaching
1.19practices and improve student learning and success, the annual evaluation process for
1.20teachers:
1.21(1) must, for probationary teachers, provide for all evaluations required under
1.22subdivision 5;
1.23(2) must establish a three-year professional review cycle for each teacher that
1.24includes 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 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 mentoring and induction programs;
2.11(7) must include an option for teachers to develop and present a portfolio
2.12demonstrating evidence of reflection and professional growth, consistent with section
2.14based on student work samples and examples of teachers' work, which may include video
2.15among other activities for the summative evaluation;
2.16(8) must use data from valid and reliable assessments aligned to state and local
2.17academic standards and must use state and local measures of student growth that may
2.18include value-added models or student learning goals to determine 35 percent of teacher
2.19evaluation results;
2.20(9) must use longitudinal data on student engagement and connection, and other
2.21student outcome measures explicitly aligned with the elements of curriculum for which
2.22teachers are responsible;
2.23(10) must require qualified and trained evaluators such as school administrators to
2.24perform summative evaluations;
2.25(11) must give teachers not meeting professional teaching standards under clauses
2.26(3) through (10) support to improve through a teacher improvement process that includes
2.27established goals and timelines; and
2.28(12) must discipline a teacher for not making adequate progress in the teacher
2.29improvement process under clause (11) that may include a last chance warning,
2.30termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
2.31other discipline a school administrator determines is appropriate.
2.32Data on individual teachers generated under this subdivision are personnel data
2.33under section
2.34(c) The department, in consultation with parents who may represent parent
2.35organizations and teacher and administrator representatives appointed by their respective
2.36organizations, representing the Board of Teaching, the Minnesota Association of School
3.1Administrators, the Minnesota School Boards Association, the Minnesota Elementary
3.2and Secondary Principals Associations, Education Minnesota, and representatives of
3.3the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
3.4Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
3.5in teacher evaluation, must create and publish a teacher evaluation process that complies
3.6with the requirements in paragraph (b) and applies to all teachers under this section and
3.7section
3.8evaluation and peer review process. The teacher evaluation process created under this
3.9subdivision does not create additional due process rights for probationary teachers under
3.10subdivision 5.
3.11(d) Consistent with the measures of teacher effectiveness under this subdivision:
3.12(1) for students in kindergarten through grade 4, a school administrator must not
3.13place a student in consecutive school years in the classroom of a teacher with the lowest
3.14evaluation rating in the previous school year unless no other teacher at the school teaches
3.15that grade; and
3.16(2) for students in grades 5 through 12, a school administrator must not place
3.17students in consecutive school years in the classroom of a teacher with the lowest
3.18evaluation rating in the previous school year unless no other teacher at the school teaches
3.19that subject area and grade.
3.20EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
3.21later.
3.22 Sec. 2. Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
3.23amended to read:
3.24 Subd. 5. Development, evaluation, and peer coaching for continuing contract
3.25teachers. (a) To improve student learning and success, a school board and an exclusive
3.26representative of the teachers in the district, consistent with paragraph (b), may develop an
3.27annual teacher evaluation and peer review process for probationary and nonprobationary
3.28teachers through joint agreement. If a school board and the exclusive representative of
3.29the teachers in the district do not agree to an annual teacher evaluation and peer review
3.30process, then the school board and the exclusive representative of the teachers must
3.31implement the plan for evaluation and review developed under paragraph (c). The process
3.32must include having trained observers serve as peer coaches or having teachers participate
3.33in 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
4.10as a school administrator;
4.11(3) must be based on professional teaching standards established in rule;
4.12(4) must coordinate staff development activities under sections
4.14(5) may provide time during the school day and school year for peer coaching and
4.15teacher collaboration;
4.16(6) may include mentoring and induction programs;
4.17(7) must include an option for teachers to develop and present a portfolio
4.18demonstrating evidence of reflection and professional growth, consistent with section
4.20based on student work samples and examples of teachers' work, which may include video
4.21among other activities for the summative evaluation;
4.22(8) must use data from valid and reliable assessments aligned to state and local
4.23academic standards and must use state and local measures of student growth that may
4.24include value-added models or student learning goals to determine 35 percent of teacher
4.25evaluation results;
4.26(9) must use longitudinal data on student engagement and connection and other
4.27student outcome measures explicitly aligned with the elements of curriculum for which
4.28teachers are responsible;
4.29(10) must require qualified and trained evaluators such as school administrators to
4.30perform summative evaluations;
4.31(11) must give teachers not meeting professional teaching standards under clauses
4.32(3) through (10) support to improve through a teacher improvement process that includes
4.33established goals and timelines; and
4.34(12) must discipline a teacher for not making adequate progress in the teacher
4.35improvement process under clause (11) that may include a last chance warning,
5.1termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
5.2other discipline a school administrator determines is appropriate.
5.3Data on individual teachers generated under this subdivision are personnel data
5.4under section
5.5(c) The department, in consultation with parents who may represent parent
5.6organizations and teacher and administrator representatives appointed by their respective
5.7organizations, representing the Board of Teaching, the Minnesota Association of School
5.8Administrators, the Minnesota School Boards Association, the Minnesota Elementary
5.9and Secondary Principals Associations, Education Minnesota, and representatives of
5.10the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
5.11Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
5.12in teacher evaluation, must create and publish a teacher evaluation process that complies
5.13with the requirements in paragraph (b) and applies to all teachers under this section and
5.14section
5.15evaluation and peer review process. The teacher evaluation process created under this
5.16subdivision does not create additional due process rights for probationary teachers under
5.17subdivision 2.
5.18(d) Consistent with the measures of teacher effectiveness under this subdivision:
5.19(1) for students in kindergarten through grade 4, a school administrator must not
5.20place a student in consecutive school years in the classroom of a teacher with the lowest
5.21evaluation rating in the previous school year unless no other teacher at the school teaches
5.22that grade; and
5.23(2) for students in grades 5 through 12, a school administrator must not place
5.24students in consecutive school years in the classroom of a teacher with the lowest
5.25evaluation rating in the previous school year unless no other teacher at the school teaches
5.26that subject area and grade.
5.27EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
5.28later.
5.29 Sec. 3. PROHIBITION AGAINST PLACING STUDENTS WITH
5.30INEFFECTIVE TEACHERS; LEGISLATIVE REPORT.
5.31The commissioner must consult with the education stakeholders listed under
5.32Minnesota Statutes, sections 122A.40, subdivision 8, paragraph (c), in reviewing the
5.33policies under Minnesota Statutes, sections 122A.40, subdivision 8, paragraph (b), and
5.34122A.41, subdivision 5, paragraph (b), and recommend to the education policy and finance
6.1committees of the legislature by January 15, 2015, the funding and other mechanisms
6.2required to implement those policies.
6.3EFFECTIVE DATE.This section is effective the day following final enactment.
