Bill Text: MN SF1873 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Teacher unrequested leave of absence provisions modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-02-25 - Referred to Education [SF1873 Detail]
Download: Minnesota-2013-SF1873-Introduced.html
1.2relating to education; modifying unrequested leave of absence provisions;
1.3amending Minnesota Statutes 2012, sections 122A.245, subdivision 1; 122A.40,
1.4subdivisions 5, 10, 11; 122A.41, subdivisions 2, 14; 123A.75, subdivision 1;
1.5179A.20, by adding a subdivision; repealing Minnesota Statutes 2012, section
1.6122A.40, subdivision 11.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 122A.245, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Requirements. (a) To improve academic excellence, improve ethnic
1.11and cultural diversity in the classroom, and close the academic achievement gap, the
1.12Board of Teaching must approve qualified teacher preparation programs under this section
1.13that are a means to acquire a two-year limited-term license, which the board may renew
1.14one time for an additional one-year term, and to prepare for acquiring a standard license.
1.15The following entities are eligible to participate under this section:
1.16(1) a school district or charter school that forms a partnership with a college or
1.17university that has a board-approved alternative teacher preparation program; or
1.18(2) a school district or charter school, after consulting with a college or university
1.19with a board-approved teacher preparation program, that forms a partnership with a
1.20nonprofit corporation organized under chapter 317A for an education-related purpose that
1.21has a board-approved teacher preparation program.
1.22(b) Before participating in this program, a candidate must:
1.23(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
1.24board waives the grade point average requirement based on board-adopted criteria;
2.1(2) pass the reading, writing, and mathematics skills examination under section
2.2122A.09, subdivision 4
, paragraph (b); and
2.3(3) obtain qualifying scores on applicable board-approved rigorous content area and
2.4pedagogy examinations under section122A.09, subdivision 4 , paragraph (e).
2.5(c) The Board of Teaching must issue a two-year limited-term license to a person
2.6who enrolls in an alternative teacher preparation program. This limited-term license is not
2.7a provisional license under section 122A.40 or 122A.41.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 2. Minnesota Statutes 2012, section 122A.40, subdivision 5, is amended to read:
2.10 Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
2.11first teaching experience in Minnesota in a single district is deemed to be a probationary
2.12period of employment, and, the probationary period in each district in which the teacher is
2.13thereafter employed shall be one year. The school board must adopt a plan for written
2.14evaluation of teachers during the probationary period that is consistent with subdivision
2.158. Evaluation must occur at least three times periodically throughout each school year
2.16for a teacher performing services during that school year; the first evaluation must occur
2.17within the first 90 days of teaching service. Days devoted to parent-teacher conferences,
2.18teachers' workshops, and other staff development opportunities and days on which a
2.19teacher is absent from school must not be included in determining the number of school
2.20days on which a teacher performs services. Except as otherwise provided in paragraph
2.21(b), during the probationary period any annual contract with any teacher may or may not
2.22be renewed (1) as the school board shall see fit, or (2) consistent with the negotiated
2.23unrequested leave of absence plan in effect under subdivision 10. However, the board
2.24must give any such teacher whose contract it declines to renew for the following school
2.25year written notice to that effect before July 1. If the teacher requests reasons for any
2.26nonrenewal of a teaching contract, the board must give the teacher its reason in writing,
2.27including a statement that appropriate supervision was furnished describing the nature and
2.28the extent of such supervision furnished the teacher during the employment by the board,
2.29within ten days after receiving such request. The school board may, after a hearing held
2.30upon due notice, discharge a teacher during the probationary period for cause, effective
2.31immediately, under section122A.44 .
2.32(b) A board must discharge a probationary teacher, effective immediately, upon
2.33receipt of notice under section122A.20, subdivision 1 , paragraph (b), that the teacher's
2.34license has been revoked due to a conviction for child abuse or sexual abuse.
3.1(c) A probationary teacher whose first three years of consecutive employment are
3.2interrupted for active military service and who promptly resumes teaching consistent with
3.3federal reemployment timelines for uniformed service personnel under United States
3.4Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
3.5for purposes of paragraph (a).
3.6(d) A probationary teacher must complete at least 120 days of teaching service each
3.7year during the probationary period. Days devoted to parent-teacher conferences, teachers'
3.8workshops, and other staff development opportunities and days on which a teacher is
3.9absent from school do not count as days of teaching service under this paragraph.
3.10EFFECTIVE DATE.This section is effective the day following final enactment.
3.11 Sec. 3. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to read:
3.12 Subd. 10. Negotiated unrequested leave of absence. (a) The school board
3.13and the exclusive bargaining representative of the teachersmay must negotiate a plan,
3.14consistent with subdivision 8, providing for unrequested leave of absence without pay or
3.15fringe benefits for as many teachers as may be necessary because of discontinuance of
3.16position, lack of pupils, financial limitations, or merger of classes caused by consolidation
3.17of districts.Failing to successfully negotiate such a plan, the provisions of subdivision
3.1811 shall apply. The negotiated plan must not include provisions which would result in
3.19the exercise of seniority by a teacher holding only a provisional license, other than a
3.20vocational education license if required for the position,contrary to the provisions of
3.21subdivision 11, paragraph (c), or the reinstatement of a teacher holding only a provisional
3.22license, other than a vocational education license, contrary to the provisions of subdivision
3.2311, paragraph (e) required for the position. A teacher's most recent evaluation outcomes
3.24must be the primary factor used in unrequested leave of absence decisions. The provisions
3.25of section179A.16 do not apply for the purposes of this subdivision.
3.26(b) Beginning in the 2016-2017 school year and later, and notwithstanding any law to
3.27the contrary, a school board must place teachers on unrequested leave of absence based on
3.28their subject matter licensure fields and most recent evaluation outcomes and effectiveness
3.29category under subdivision 8, among other locally determined criteria, and may include
3.30both probationary teachers and continuing contract teachers within an effectiveness
3.31category. The most recent evaluation outcomes shall be the primary factor in unrequested
3.32leave of absence decisions. Notwithstanding section 13.43, subdivision 2, paragraph (a),
3.33clause (5), or any other law to the contrary, a teacher's effectiveness category and the
3.34underlying data on the individual teacher generated under the teacher evaluation process
3.35in subdivision 8, paragraph (b), used to determine a teacher's effectiveness category for
4.1purposes of this subdivision are private data on individuals. For purposes of placing a
4.2teacher on unrequested leave of absence or recalling a teacher from unrequested leave of
4.3absence, a school board is not required to reassign a teacher based on seniority. Nothing in
4.4this paragraph permits a school board to use a teacher's remuneration as a basis for making
4.5unrequested leave of absence decisions. Any executed employment contract between the
4.6school board and the exclusive representative of the teachers must contain the negotiated
4.7unrequested leave of absence plan. The school board must publish in a readily accessible
4.8format the unrequested leave of absence plan it negotiates under this paragraph.
4.9(c) A teacher who receives notice of being placed on unrequested leave of absence
4.10under paragraph (b) may submit to the board, within 14 days of receiving the notice, a
4.11written request for a hearing before a neutral hearing officer to establish whether the district
4.12met the following teacher evaluation requirements under subdivision 8: if the teacher is
4.13a probationary teacher, all evaluations required under subdivision 5 were provided; a
4.14three-year professional review cycle was established for the teacher; any summative
4.15evaluation of the teacher was performed by a qualified and trained evaluator; a peer review
4.16evaluation occurred in any year when the teacher was not evaluated by a qualified and
4.17trained evaluator; and if the teacher did not meet professional teaching standards, a teacher
4.18improvement process with goals and timelines was established. The school board and the
4.19exclusive representative of the teachers must agree on a panel of people and a process
4.20to select the person to hear the matter. The hearing officer must issue a decision within
4.2114 days of the request for the hearing. Nothing in this paragraph prevents a school board
4.22and the exclusive representative of the teachers from negotiating a different process for
4.23determining whether the teacher evaluation requirements listed in this paragraph were met.
4.24(d) For purposes of this subdivision, a provisional license is a license to teach issued
4.25by the Board of Teaching under a waiver or variance.
4.26EFFECTIVE DATE.This section is effective beginning in the 2016-2017 school
4.27year and later.
4.28 Sec. 4. Minnesota Statutes 2012, section 122A.40, subdivision 11, is amended to read:
4.29 Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
4.30leave of absence, without pay or fringe benefits, as many teachers as may be necessary
4.31because of discontinuance of position, lack of pupils, financial limitations, or merger
4.32of classes caused by consolidation or reorganization of districts under chapter 123A.
4.33The unrequested leave is effective at the close of the school year. In placing teachers on
4.34unrequested leave, the board is governed by thefollowing provisions: in this subdivision.
5.1(a) (b) The board may place probationary teachers on unrequested leave first in the
5.2inverse order of their employment. A teacher who has acquired continuing contract rights
5.3must not be placed on unrequested leave of absence while probationary teachers are retained
5.4in positions for which the teacher who has acquired continuing contract rights is licensed;.
5.5(b) (c) Teachers who have acquired continuing contract rights shall be placed on
5.6unrequested leave of absence in fields in which they are licensed in the inverse order
5.7in which they were employed by the school district. In the case of equal seniority, the
5.8order in which teachers who have acquired continuing contract rights shall be placed on
5.9unrequested leave of absence in fields in which they are licensed is negotiable;.
5.10(c) (d) Notwithstanding the provisions of paragraph (b) (c), a teacher is not entitled
5.11to exercise any seniority when that exercise results in that teacher being retained by the
5.12district in a field for which the teacher holds only a provisional license, as defined by the
5.13board of teaching, unless that exercise of seniority results in the placement on unrequested
5.14leave of absence of another teacher who also holds a provisional license in the same field.
5.15The provisions of this paragraph do not apply to vocational education licenses; required
5.16for the available positions.
5.17(d) (e) Notwithstanding paragraphs (a), (b), and (c), and (d), if the placing of a
5.18probationary teacher on unrequested leave before a teacher who has acquired continuing
5.19rights, the placing of a teacher who has acquired continuing contract rights on unrequested
5.20leave before another teacher who has acquired continuing contract rights but who has
5.21greater seniority, or the restriction imposed by the provisions of paragraph(c) (d) would
5.22place the district in violation of its affirmative action program, the district may retain the
5.23probationary teacher, the teacher with less seniority, or the provisionally licensed teacher;.
5.24(e) (f) For purposes of placing a teacher on unrequested leave of absence or recalling
5.25a teacher from unrequested leave of absence, nothing in this subdivision requires a school
5.26board to reassign a teacher based on seniority.
5.27(g) Teachers placed on unrequested leave of absence must be reinstated to the
5.28positions from which they have been given leaves of absence or, if not available, to
5.29other available positions in the school district in fields in which they are licensed.
5.30Reinstatement must be in the inverse order of placement on leave of absence. A teacher
5.31must not be reinstated to a position in a field in which the teacher holds only a provisional
5.32license, other than a vocational education license, while another teacher who holds a
5.33nonprovisional license in the same field remains on unrequested leave. The order of
5.34reinstatement of teachers who have equal seniority and who are placed on unrequested
5.35leave in the same school year is negotiable;.
6.1(f) (h) Appointment of a new teacher must not be made while there is available, on
6.2unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
6.3teacher fails to advise the school board within 30 days of the date of notification that a
6.4position is available to that teacher who may return to employment and assume the duties
6.5of the position to which appointed on a future date determined by the board;.
6.6(g) (i) A teacher placed on unrequested leave of absence may engage in teaching
6.7or any other occupation during the period of this leave;.
6.8(h) (j) The unrequested leave of absence must not impair the continuing contract
6.9rights of a teacher or result in a loss of credit for previous years of service;.
6.10(i) (k) Consistent with subdivision 10, the unrequested leave of absence of a teacher
6.11who is categorized as effective or better under subdivision 8, who is placed on unrequested
6.12leave of absence, and who is not reinstated shall continue for a period of five years,
6.13after which the right to reinstatementshall terminate terminates. The teacher's right to
6.14reinstatementshall also terminate terminates if the teacher fails to file with the board by
6.15April 1 ofany each year a written statement requesting reinstatement;.
6.16(l) Consistent with subdivision 10, the unrequested leave of absence of a teacher
6.17who is categorized as ineffective or less under subdivision 8, who is placed on unrequested
6.18leave of absence, and who is not reinstated continues for the following school year
6.19only, after which the teacher's right to reinstatement terminates. The teacher's right to
6.20reinstatement also terminates if the teacher fails to file with the board by April 1 in that
6.21following school year a written statement requesting reinstatement.
6.22(j) (m) The same provisions applicable to terminations of probationary or continuing
6.23contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;.
6.24(k) (n) Nothing in this subdivision shall be construed to impair the rights of teachers
6.25placed on unrequested leave of absence to receive unemployment benefits if otherwise
6.26eligible.
6.27EFFECTIVE DATE.This section is effective for the 2014-2015 and 2015-2016
6.28school years.
6.29 Sec. 5. Minnesota Statutes 2012, section 122A.41, subdivision 2, is amended to read:
6.30 Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
6.31the public schools in cities of the first class during the first three years of consecutive
6.32employment shall be deemed to be in a probationary period of employment during which
6.33period any annual contract with any teacher may, or may not, be renewed (1) as the school
6.34board, after consulting with the peer review committee charged with evaluating the
6.35probationary teachers under subdivision 3, shall see fit, or (2) consistent with the negotiated
7.1plan for discontinuing or terminating teachers in effect under subdivision 14. The school
7.2site management team or the school board if there is no school site management team, shall
7.3adopt a plan for a written evaluation of teachers during the probationary period according
7.4to subdivisions 3 and 5. Evaluation by the peer review committee charged with evaluating
7.5probationary teachers under subdivision 3 shall occur at least three times periodically
7.6throughout each school year for a teacher performing services during that school year; the
7.7first evaluation must occur within the first 90 days of teaching service. Days devoted to
7.8parent-teacher conferences, teachers' workshops, and other staff development opportunities
7.9and days on which a teacher is absent from school shall not be included in determining the
7.10number of school days on which a teacher performs services. The school board may, during
7.11such probationary period, discharge or demote a teacher for any of the causes as specified
7.12in this code. A written statement of the cause of such discharge or demotion shall be given
7.13to the teacher by the school board at least 30 days before such removal or demotion shall
7.14become effective, and the teacher so notified shall have no right of appeal therefrom.
7.15(b) A probationary teacher whose first three years of consecutive employment are
7.16interrupted for active military service and who promptly resumes teaching consistent with
7.17federal reemployment timelines for uniformed service personnel under United States
7.18Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
7.19for purposes of paragraph (a).
7.20(c) A probationary teacher must complete at least 120 days of teaching service each
7.21year during the probationary period. Days devoted to parent-teacher conferences, teachers'
7.22workshops, and other staff development opportunities and days on which a teacher is
7.23absent from school do not count as days of teaching service under this paragraph.
7.24EFFECTIVE DATE.This section is effective the day following final enactment.
7.25 Sec. 6. Minnesota Statutes 2012, section 122A.41, subdivision 14, is amended to read:
7.26 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
7.27given. (a)A teacher whose services are terminated on account of discontinuance of
7.28position or lack of pupils must receive first consideration for other positions in the district
7.29for which that teacher is qualified. In the event it becomes necessary to discontinue
7.30one or more positions in the 2014-2015 and 2015-2016 school years, in making such
7.31discontinuance, teachers must receive first consideration for other positions in the district
7.32for which that teacher is qualified and must be discontinuedin any department in the
7.33inverse order in which they were employed, unless.
7.34(b) Beginning in the 2016-2017 school year and later, a board and the exclusive
7.35representative of teachers in the district must negotiate a planproviding otherwise.,
8.1consistent with subdivision 5, for discontinuing and terminating teachers under this
8.2subdivision based on their subject matter licensure fields and most recent evaluation
8.3outcomes and effectiveness category under subdivision 5, among other locally determined
8.4criteria, and may include both probationary teachers and continuing contract teachers
8.5within an effectiveness category. Notwithstanding section 13.43, subdivision 2, paragraph
8.6(a), clause (5), or any other law to the contrary, a teacher's effectiveness category and the
8.7underlying data on the individual teacher generated under the teacher evaluation process
8.8in subdivision 5, paragraph (b), used to determine a teacher's effectiveness category for
8.9purposes of this subdivision are private data on individuals. For purposes of discharging,
8.10demoting, or recalling a teacher whose services are discontinued or terminated under
8.11this subdivision, a school board is not required to reassign a teacher based on seniority.
8.12A school board shall base its decision regarding discharging, demoting, or recalling a
8.13teacher whose services are discontinued or terminated under the subdivision primarily
8.14on teacher effectiveness. Nothing in this paragraph permits a school board to use a
8.15teacher's remuneration as a basis for discontinuing or terminating a teacher. Any executed
8.16employment contract between the school board and the exclusive representative of the
8.17teachers must contain the negotiated plan for discontinuing or terminating teachers.
8.18The school board must publish in a readily accessible format any plan it negotiates for
8.19discontinuing or terminating teachers under this paragraph.
8.20(c) A teacher who receives notice of discontinuance or termination under paragraph
8.21(b) may submit to the board, within 14 days of receiving the notice, a written request
8.22for a hearing before a neutral hearing officer to establish whether the district met the
8.23following teacher evaluation requirements under subdivision 5: if the teacher is a
8.24probationary teacher, all evaluations required under subdivision 2 were provided; a
8.25three-year professional review cycle was established for the teacher; any summative
8.26evaluation of the teacher was performed by a qualified and trained evaluator; a peer review
8.27evaluation occurred in any year when the teacher was not evaluated by a qualified and
8.28trained evaluator; and if the teacher did not meet professional teaching standards, a teacher
8.29improvement process with goals and timelines was established. The school board and the
8.30exclusive representative of the teachers must agree on a panel of people and a process
8.31to select the person to hear the matter. The hearing officer must issue a decision within
8.3214 days of the request for the hearing. Nothing in this paragraph prevents a school board
8.33and the exclusive representative of the teachers from negotiating a different process for
8.34determining whether the teacher evaluation requirements listed in this paragraph were met.
8.35(b) (d) Notwithstanding the provisions of clause paragraph (a), for the 2014-2015
8.36and 2015-2016 school years, a teacher is not entitled to exercise any seniority when that
9.1exercise results in that teacher being retained by the district in a field for which the
9.2teacher holds only a provisional license, as defined by the Board of Teaching, unless that
9.3exercise of seniority results inthe termination of terminating the services, on account
9.4of discontinuance of position or lack of pupils, of another teacher who also holds a
9.5provisional license in the same field. The provisions of thisclause paragraph do not apply
9.6to vocational education licenses.
9.7(c) (e) Notwithstanding the provisions of clause paragraph (a), for the 2014-2015
9.8and 2015-2016 school years, a teacher must not be reinstated to a position in a field in
9.9which the teacher holds only a provisional license, other than a vocational education
9.10license, while another teacher who holds a nonprovisional license in the same field is
9.11available for reinstatement.
9.12EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
9.13negotiated plans for discontinuing or terminating teachers agreed to on or after that date.
9.14 Sec. 7. Minnesota Statutes 2012, section 123A.75, subdivision 1, is amended to read:
9.15 Subdivision 1. Teacher assignment. (a) As of the effective date of a consolidation
9.16in which a district is divided or the dissolution of a district and its attachment to two or
9.17more existing districts, each teacher employed by an affected district shall be assigned to
9.18the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
9.19district according to the new district boundaries. The district receiving the greatest number
9.20of pupils must be assigned the most effective teacher under section 122A.40, subdivision 8,
9.21with the greatest seniority, and the remaining teachers must be alternately assigned to each
9.22district from most to least effective and with most to least seniority within each category of
9.23effectiveness until the district receiving the fewest pupils has received its ratio of teachers
9.24who will not be retiring before the effective date of the consolidation or dissolution.
9.25(b) Notwithstanding paragraph (a), the board and the exclusive representative of
9.26teachers in each district involved in the consolidation or dissolution and attachment may
9.27negotiate a plan for assigning teachers to each newly created or enlarged district.
9.28(c) Notwithstanding any other law to the contrary, the provisions of this section apply
9.29only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and 11.
9.30EFFECTIVE DATE.This section is effective the day following final enactment.
9.31 Sec. 8. Minnesota Statutes 2012, section 179A.20, is amended by adding a subdivision
9.32to read:
10.1 Subd. 4a. Unrequested leave of absence for teachers. A school board and the
10.2exclusive representative of the teachers may not execute a contract unless the contract
10.3contains a plan for unrequested leave of absence under section 122A.40, subdivision 10,
10.4or a plan for discontinuing or terminating teachers under section 122A.41, subdivision 14.
10.5EFFECTIVE DATE.This section is effective beginning in the 2016-2017 school
10.6year and later.
10.7 Sec. 9. REPEALER.
10.8Minnesota Statutes 2012, section 122A.40, subdivision 11, is repealed effective
10.9July 1, 2016.
1.3amending Minnesota Statutes 2012, sections 122A.245, subdivision 1; 122A.40,
1.4subdivisions 5, 10, 11; 122A.41, subdivisions 2, 14; 123A.75, subdivision 1;
1.5179A.20, by adding a subdivision; repealing Minnesota Statutes 2012, section
1.6122A.40, subdivision 11.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 122A.245, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Requirements. (a) To improve academic excellence, improve ethnic
1.11and cultural diversity in the classroom, and close the academic achievement gap, the
1.12Board of Teaching must approve qualified teacher preparation programs under this section
1.13that are a means to acquire a two-year limited-term license, which the board may renew
1.14one time for an additional one-year term, and to prepare for acquiring a standard license.
1.15The following entities are eligible to participate under this section:
1.16(1) a school district or charter school that forms a partnership with a college or
1.17university that has a board-approved alternative teacher preparation program; or
1.18(2) a school district or charter school, after consulting with a college or university
1.19with a board-approved teacher preparation program, that forms a partnership with a
1.20nonprofit corporation organized under chapter 317A for an education-related purpose that
1.21has a board-approved teacher preparation program.
1.22(b) Before participating in this program, a candidate must:
1.23(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
1.24board waives the grade point average requirement based on board-adopted criteria;
2.1(2) pass the reading, writing, and mathematics skills examination under section
2.3(3) obtain qualifying scores on applicable board-approved rigorous content area and
2.4pedagogy examinations under section
2.5(c) The Board of Teaching must issue a two-year limited-term license to a person
2.6who enrolls in an alternative teacher preparation program. This limited-term license is not
2.7a provisional license under section 122A.40 or 122A.41.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 2. Minnesota Statutes 2012, section 122A.40, subdivision 5, is amended to read:
2.10 Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
2.11first teaching experience in Minnesota in a single district is deemed to be a probationary
2.12period of employment, and, the probationary period in each district in which the teacher is
2.13thereafter employed shall be one year. The school board must adopt a plan for written
2.14evaluation of teachers during the probationary period that is consistent with subdivision
2.158. Evaluation must occur at least three times periodically throughout each school year
2.16for a teacher performing services during that school year; the first evaluation must occur
2.17within the first 90 days of teaching service. Days devoted to parent-teacher conferences,
2.18teachers' workshops, and other staff development opportunities and days on which a
2.19teacher is absent from school must not be included in determining the number of school
2.20days on which a teacher performs services. Except as otherwise provided in paragraph
2.21(b), during the probationary period any annual contract with any teacher may or may not
2.22be renewed (1) as the school board shall see fit, or (2) consistent with the negotiated
2.23unrequested leave of absence plan in effect under subdivision 10. However, the board
2.24must give any such teacher whose contract it declines to renew for the following school
2.25year written notice to that effect before July 1. If the teacher requests reasons for any
2.26nonrenewal of a teaching contract, the board must give the teacher its reason in writing,
2.27including a statement that appropriate supervision was furnished describing the nature and
2.28the extent of such supervision furnished the teacher during the employment by the board,
2.29within ten days after receiving such request. The school board may, after a hearing held
2.30upon due notice, discharge a teacher during the probationary period for cause, effective
2.31immediately, under section
2.32(b) A board must discharge a probationary teacher, effective immediately, upon
2.33receipt of notice under section
2.34license has been revoked due to a conviction for child abuse or sexual abuse.
3.1(c) A probationary teacher whose first three years of consecutive employment are
3.2interrupted for active military service and who promptly resumes teaching consistent with
3.3federal reemployment timelines for uniformed service personnel under United States
3.4Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
3.5for purposes of paragraph (a).
3.6(d) A probationary teacher must complete at least 120 days of teaching service each
3.7year during the probationary period. Days devoted to parent-teacher conferences, teachers'
3.8workshops, and other staff development opportunities and days on which a teacher is
3.9absent from school do not count as days of teaching service under this paragraph.
3.10EFFECTIVE DATE.This section is effective the day following final enactment.
3.11 Sec. 3. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to read:
3.12 Subd. 10. Negotiated unrequested leave of absence. (a) The school board
3.13and the exclusive bargaining representative of the teachers
3.14consistent with subdivision 8, providing for unrequested leave of absence without pay or
3.15fringe benefits for as many teachers as may be necessary because of discontinuance of
3.16position, lack of pupils, financial limitations, or merger of classes caused by consolidation
3.17of districts.
3.18
3.19the exercise of seniority by a teacher holding only a provisional license, other than a
3.20vocational education license if required for the position,
3.21
3.22license, other than a vocational education license
3.23
3.24must be the primary factor used in unrequested leave of absence decisions. The provisions
3.25of section
3.26(b) Beginning in the 2016-2017 school year and later, and notwithstanding any law to
3.27the contrary, a school board must place teachers on unrequested leave of absence based on
3.28their subject matter licensure fields and most recent evaluation outcomes and effectiveness
3.29category under subdivision 8, among other locally determined criteria, and may include
3.30both probationary teachers and continuing contract teachers within an effectiveness
3.31category. The most recent evaluation outcomes shall be the primary factor in unrequested
3.32leave of absence decisions. Notwithstanding section 13.43, subdivision 2, paragraph (a),
3.33clause (5), or any other law to the contrary, a teacher's effectiveness category and the
3.34underlying data on the individual teacher generated under the teacher evaluation process
3.35in subdivision 8, paragraph (b), used to determine a teacher's effectiveness category for
4.1purposes of this subdivision are private data on individuals. For purposes of placing a
4.2teacher on unrequested leave of absence or recalling a teacher from unrequested leave of
4.3absence, a school board is not required to reassign a teacher based on seniority. Nothing in
4.4this paragraph permits a school board to use a teacher's remuneration as a basis for making
4.5unrequested leave of absence decisions. Any executed employment contract between the
4.6school board and the exclusive representative of the teachers must contain the negotiated
4.7unrequested leave of absence plan. The school board must publish in a readily accessible
4.8format the unrequested leave of absence plan it negotiates under this paragraph.
4.9(c) A teacher who receives notice of being placed on unrequested leave of absence
4.10under paragraph (b) may submit to the board, within 14 days of receiving the notice, a
4.11written request for a hearing before a neutral hearing officer to establish whether the district
4.12met the following teacher evaluation requirements under subdivision 8: if the teacher is
4.13a probationary teacher, all evaluations required under subdivision 5 were provided; a
4.14three-year professional review cycle was established for the teacher; any summative
4.15evaluation of the teacher was performed by a qualified and trained evaluator; a peer review
4.16evaluation occurred in any year when the teacher was not evaluated by a qualified and
4.17trained evaluator; and if the teacher did not meet professional teaching standards, a teacher
4.18improvement process with goals and timelines was established. The school board and the
4.19exclusive representative of the teachers must agree on a panel of people and a process
4.20to select the person to hear the matter. The hearing officer must issue a decision within
4.2114 days of the request for the hearing. Nothing in this paragraph prevents a school board
4.22and the exclusive representative of the teachers from negotiating a different process for
4.23determining whether the teacher evaluation requirements listed in this paragraph were met.
4.24(d) For purposes of this subdivision, a provisional license is a license to teach issued
4.25by the Board of Teaching under a waiver or variance.
4.26EFFECTIVE DATE.This section is effective beginning in the 2016-2017 school
4.27year and later.
4.28 Sec. 4. Minnesota Statutes 2012, section 122A.40, subdivision 11, is amended to read:
4.29 Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
4.30leave of absence, without pay or fringe benefits, as many teachers as may be necessary
4.31because of discontinuance of position, lack of pupils, financial limitations, or merger
4.32of classes caused by consolidation or reorganization of districts under chapter 123A.
4.33The unrequested leave is effective at the close of the school year. In placing teachers on
4.34unrequested leave, the board is governed by the
5.1
5.2inverse order of their employment. A teacher who has acquired continuing contract rights
5.3must not be placed on unrequested leave of absence while probationary teachers are retained
5.4in positions for which the teacher who has acquired continuing contract rights is licensed
5.5
5.6unrequested leave of absence in fields in which they are licensed in the inverse order
5.7in which they were employed by the school district. In the case of equal seniority, the
5.8order in which teachers who have acquired continuing contract rights shall be placed on
5.9unrequested leave of absence in fields in which they are licensed is negotiable
5.10
5.11to exercise any seniority when that exercise results in that teacher being retained by the
5.12district in a field for which the teacher holds only a provisional license, as defined by the
5.13board of teaching, unless that exercise of seniority results in the placement on unrequested
5.14leave of absence of another teacher who also holds a provisional license in the same field.
5.15The provisions of this paragraph do not apply to vocational education licenses
5.16for the available positions.
5.17
5.18probationary teacher on unrequested leave before a teacher who has acquired continuing
5.19rights, the placing of a teacher who has acquired continuing contract rights on unrequested
5.20leave before another teacher who has acquired continuing contract rights but who has
5.21greater seniority, or the restriction imposed by the provisions of paragraph
5.22place the district in violation of its affirmative action program, the district may retain the
5.23probationary teacher, the teacher with less seniority, or the provisionally licensed teacher
5.24
5.25a teacher from unrequested leave of absence, nothing in this subdivision requires a school
5.26board to reassign a teacher based on seniority.
5.27(g) Teachers placed on unrequested leave of absence must be reinstated to the
5.28positions from which they have been given leaves of absence or, if not available, to
5.29other available positions in the school district in fields in which they are licensed.
5.30Reinstatement must be in the inverse order of placement on leave of absence. A teacher
5.31must not be reinstated to a position in a field in which the teacher holds only a provisional
5.32license, other than a vocational education license, while another teacher who holds a
5.33nonprovisional license in the same field remains on unrequested leave. The order of
5.34reinstatement of teachers who have equal seniority and who are placed on unrequested
5.35leave in the same school year is negotiable
6.1
6.2unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
6.3teacher fails to advise the school board within 30 days of the date of notification that a
6.4position is available to that teacher who may return to employment and assume the duties
6.5of the position to which appointed on a future date determined by the board
6.6
6.7or any other occupation during the period of this leave
6.8
6.9rights of a teacher or result in a loss of credit for previous years of service
6.10
6.11who is categorized as effective or better under subdivision 8, who is placed on unrequested
6.12leave of absence, and who is not reinstated shall continue for a period of five years,
6.13after which the right to reinstatement
6.14reinstatement
6.15April 1 of
6.16(l) Consistent with subdivision 10, the unrequested leave of absence of a teacher
6.17who is categorized as ineffective or less under subdivision 8, who is placed on unrequested
6.18leave of absence, and who is not reinstated continues for the following school year
6.19only, after which the teacher's right to reinstatement terminates. The teacher's right to
6.20reinstatement also terminates if the teacher fails to file with the board by April 1 in that
6.21following school year a written statement requesting reinstatement.
6.22
6.23contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence
6.24
6.25placed on unrequested leave of absence to receive unemployment benefits if otherwise
6.26eligible.
6.27EFFECTIVE DATE.This section is effective for the 2014-2015 and 2015-2016
6.28school years.
6.29 Sec. 5. Minnesota Statutes 2012, section 122A.41, subdivision 2, is amended to read:
6.30 Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
6.31the public schools in cities of the first class during the first three years of consecutive
6.32employment shall be deemed to be in a probationary period of employment during which
6.33period any annual contract with any teacher may, or may not, be renewed (1) as the school
6.34board, after consulting with the peer review committee charged with evaluating the
6.35probationary teachers under subdivision 3, shall see fit, or (2) consistent with the negotiated
7.1plan for discontinuing or terminating teachers in effect under subdivision 14. The school
7.2site management team or the school board if there is no school site management team, shall
7.3adopt a plan for a written evaluation of teachers during the probationary period according
7.4to subdivisions 3 and 5. Evaluation by the peer review committee charged with evaluating
7.5probationary teachers under subdivision 3 shall occur at least three times periodically
7.6throughout each school year for a teacher performing services during that school year; the
7.7first evaluation must occur within the first 90 days of teaching service. Days devoted to
7.8parent-teacher conferences, teachers' workshops, and other staff development opportunities
7.9and days on which a teacher is absent from school shall not be included in determining the
7.10number of school days on which a teacher performs services. The school board may, during
7.11such probationary period, discharge or demote a teacher for any of the causes as specified
7.12in this code. A written statement of the cause of such discharge or demotion shall be given
7.13to the teacher by the school board at least 30 days before such removal or demotion shall
7.14become effective, and the teacher so notified shall have no right of appeal therefrom.
7.15(b) A probationary teacher whose first three years of consecutive employment are
7.16interrupted for active military service and who promptly resumes teaching consistent with
7.17federal reemployment timelines for uniformed service personnel under United States
7.18Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
7.19for purposes of paragraph (a).
7.20(c) A probationary teacher must complete at least 120 days of teaching service each
7.21year during the probationary period. Days devoted to parent-teacher conferences, teachers'
7.22workshops, and other staff development opportunities and days on which a teacher is
7.23absent from school do not count as days of teaching service under this paragraph.
7.24EFFECTIVE DATE.This section is effective the day following final enactment.
7.25 Sec. 6. Minnesota Statutes 2012, section 122A.41, subdivision 14, is amended to read:
7.26 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
7.27given. (a)
7.28
7.29
7.30one or more positions in the 2014-2015 and 2015-2016 school years, in making such
7.31discontinuance, teachers must receive first consideration for other positions in the district
7.32for which that teacher is qualified and must be discontinued
7.33inverse order in which they were employed
7.34(b) Beginning in the 2016-2017 school year and later, a board and the exclusive
7.35representative of teachers in the district must negotiate a plan
8.1consistent with subdivision 5, for discontinuing and terminating teachers under this
8.2subdivision based on their subject matter licensure fields and most recent evaluation
8.3outcomes and effectiveness category under subdivision 5, among other locally determined
8.4criteria, and may include both probationary teachers and continuing contract teachers
8.5within an effectiveness category. Notwithstanding section 13.43, subdivision 2, paragraph
8.6(a), clause (5), or any other law to the contrary, a teacher's effectiveness category and the
8.7underlying data on the individual teacher generated under the teacher evaluation process
8.8in subdivision 5, paragraph (b), used to determine a teacher's effectiveness category for
8.9purposes of this subdivision are private data on individuals. For purposes of discharging,
8.10demoting, or recalling a teacher whose services are discontinued or terminated under
8.11this subdivision, a school board is not required to reassign a teacher based on seniority.
8.12A school board shall base its decision regarding discharging, demoting, or recalling a
8.13teacher whose services are discontinued or terminated under the subdivision primarily
8.14on teacher effectiveness. Nothing in this paragraph permits a school board to use a
8.15teacher's remuneration as a basis for discontinuing or terminating a teacher. Any executed
8.16employment contract between the school board and the exclusive representative of the
8.17teachers must contain the negotiated plan for discontinuing or terminating teachers.
8.18The school board must publish in a readily accessible format any plan it negotiates for
8.19discontinuing or terminating teachers under this paragraph.
8.20(c) A teacher who receives notice of discontinuance or termination under paragraph
8.21(b) may submit to the board, within 14 days of receiving the notice, a written request
8.22for a hearing before a neutral hearing officer to establish whether the district met the
8.23following teacher evaluation requirements under subdivision 5: if the teacher is a
8.24probationary teacher, all evaluations required under subdivision 2 were provided; a
8.25three-year professional review cycle was established for the teacher; any summative
8.26evaluation of the teacher was performed by a qualified and trained evaluator; a peer review
8.27evaluation occurred in any year when the teacher was not evaluated by a qualified and
8.28trained evaluator; and if the teacher did not meet professional teaching standards, a teacher
8.29improvement process with goals and timelines was established. The school board and the
8.30exclusive representative of the teachers must agree on a panel of people and a process
8.31to select the person to hear the matter. The hearing officer must issue a decision within
8.3214 days of the request for the hearing. Nothing in this paragraph prevents a school board
8.33and the exclusive representative of the teachers from negotiating a different process for
8.34determining whether the teacher evaluation requirements listed in this paragraph were met.
8.35
8.36and 2015-2016 school years, a teacher is not entitled to exercise any seniority when that
9.1exercise results in that teacher being retained by the district in a field for which the
9.2teacher holds only a provisional license, as defined by the Board of Teaching, unless that
9.3exercise of seniority results in
9.4of discontinuance of position or lack of pupils, of another teacher who also holds a
9.5provisional license in the same field. The provisions of this
9.6to vocational education licenses.
9.7
9.8and 2015-2016 school years, a teacher must not be reinstated to a position in a field in
9.9which the teacher holds only a provisional license, other than a vocational education
9.10license, while another teacher who holds a nonprovisional license in the same field is
9.11available for reinstatement.
9.12EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
9.13negotiated plans for discontinuing or terminating teachers agreed to on or after that date.
9.14 Sec. 7. Minnesota Statutes 2012, section 123A.75, subdivision 1, is amended to read:
9.15 Subdivision 1. Teacher assignment. (a) As of the effective date of a consolidation
9.16in which a district is divided or the dissolution of a district and its attachment to two or
9.17more existing districts, each teacher employed by an affected district shall be assigned to
9.18the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
9.19district according to the new district boundaries. The district receiving the greatest number
9.20of pupils must be assigned the most effective teacher under section 122A.40, subdivision 8,
9.21with the greatest seniority, and the remaining teachers must be alternately assigned to each
9.22district from most to least effective and with most to least seniority within each category of
9.23effectiveness until the district receiving the fewest pupils has received its ratio of teachers
9.24who will not be retiring before the effective date of the consolidation or dissolution.
9.25(b) Notwithstanding paragraph (a), the board and the exclusive representative of
9.26teachers in each district involved in the consolidation or dissolution and attachment may
9.27negotiate a plan for assigning teachers to each newly created or enlarged district.
9.28(c) Notwithstanding any other law to the contrary, the provisions of this section apply
9.29only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and 11.
9.30EFFECTIVE DATE.This section is effective the day following final enactment.
9.31 Sec. 8. Minnesota Statutes 2012, section 179A.20, is amended by adding a subdivision
9.32to read:
10.1 Subd. 4a. Unrequested leave of absence for teachers. A school board and the
10.2exclusive representative of the teachers may not execute a contract unless the contract
10.3contains a plan for unrequested leave of absence under section 122A.40, subdivision 10,
10.4or a plan for discontinuing or terminating teachers under section 122A.41, subdivision 14.
10.5EFFECTIVE DATE.This section is effective beginning in the 2016-2017 school
10.6year and later.
10.7 Sec. 9. REPEALER.
10.8Minnesota Statutes 2012, section 122A.40, subdivision 11, is repealed effective
10.9July 1, 2016.
