Bill Text: MN HF2651 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Teachers charged with felonies suspensions without pay authorized.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-04-02 - Author added Runbeck [HF2651 Detail]
Download: Minnesota-2011-HF2651-Engrossed.html
1.2relating to education; authorizing suspensions without pay for teachers charged
1.3with felonies;amending Minnesota Statutes 2010, section 122A.40, subdivision
1.413.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to
1.7read:
1.8 Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph
1.9(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
1.10of the following grounds:
1.11(1) immoral conduct, insubordination, or conviction of a felony;
1.12(2) conduct unbecoming a teacher which requires the immediate removal of the
1.13teacher from classroom or other duties;
1.14(3) failure without justifiable cause to teach without first securing the written release
1.15of the school board;
1.16(4) gross inefficiency which the teacher has failed to correct after reasonable written
1.17notice;
1.18(5) willful neglect of duty; or
1.19(6) continuing physical or mental disability subsequent to a 12 months leave of
1.20absence and inability to qualify for reinstatement in accordance with subdivision 12.
1.21For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
1.22discriminatory practice described in section363A.13 .
1.23Prior to discharging a teacher under this paragraph, the board must notify the
1.24teacher in writing and state its ground for the proposed discharge in reasonable detail.
2.1Within ten days after receipt of this notification the teacher may make a written request
2.2for a hearing before the board and it shall be granted before final action is taken. The
2.3board may, however, suspend a teacher with pay pending the conclusion of such the
2.4hearing and determination of the issues raised in the hearing after charges have been
2.5filed which constitute ground for discharge. If a teacher has been charged with a felony
2.6and the underlying conduct that is the subject of the felony charge is a ground for a
2.7proposed immediate discharge, the suspension pending the conclusion of the hearing
2.8and determination of the issues may be without pay. If a hearing under this paragraph
2.9is held, the board must reimburse the teacher for any salary, benefits, or any other
2.10employment-related compensation including pension contributions withheld if the final
2.11decision of the board or the arbitrator does not result in suspension, termination, or
2.12discharge of the teacher.
2.13(b) A board must discharge a continuing-contract teacher, effective immediately,
2.14upon receipt of notice under section122A.20, subdivision 1 , paragraph (b), that the
2.15teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
2.16EFFECTIVE DATE.This section is effective the day following final enactment.
1.3with felonies;amending Minnesota Statutes 2010, section 122A.40, subdivision
1.413.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to
1.7read:
1.8 Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph
1.9(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
1.10of the following grounds:
1.11(1) immoral conduct, insubordination, or conviction of a felony;
1.12(2) conduct unbecoming a teacher which requires the immediate removal of the
1.13teacher from classroom or other duties;
1.14(3) failure without justifiable cause to teach without first securing the written release
1.15of the school board;
1.16(4) gross inefficiency which the teacher has failed to correct after reasonable written
1.17notice;
1.18(5) willful neglect of duty; or
1.19(6) continuing physical or mental disability subsequent to a 12 months leave of
1.20absence and inability to qualify for reinstatement in accordance with subdivision 12.
1.21For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
1.22discriminatory practice described in section
1.23Prior to discharging a teacher under this paragraph, the board must notify the
1.24teacher in writing and state its ground for the proposed discharge in reasonable detail.
2.1Within ten days after receipt of this notification the teacher may make a written request
2.2for a hearing before the board and it shall be granted before final action is taken. The
2.3board may
2.4hearing and determination of the issues raised in the hearing after charges have been
2.5filed which constitute ground for discharge. If a teacher has been charged with a felony
2.6and the underlying conduct that is the subject of the felony charge is a ground for a
2.7proposed immediate discharge, the suspension pending the conclusion of the hearing
2.8and determination of the issues may be without pay. If a hearing under this paragraph
2.9is held, the board must reimburse the teacher for any salary, benefits, or any other
2.10employment-related compensation including pension contributions withheld if the final
2.11decision of the board or the arbitrator does not result in suspension, termination, or
2.12discharge of the teacher.
2.13(b) A board must discharge a continuing-contract teacher, effective immediately,
2.14upon receipt of notice under section
2.15teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
2.16EFFECTIVE DATE.This section is effective the day following final enactment.
