Bill Text: MN SF2045 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Teacher employment contracts due process procedures clarifications
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-23 - Referred to Education [SF2045 Detail]
Download: Minnesota-2011-SF2045-Introduced.html
1.2relating to education; clarifying teacher due process procedures;amending
1.3Minnesota Statutes 2010, sections 122A.40, subdivisions 9, 13, 14; 122A.41,
1.4subdivisions 7, 12, 13.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to
1.7read:
1.8 Subd. 9. Grounds for termination. A continuing contract may be terminated,
1.9effective at the close of the school year, upon any of the following grounds:
1.10(a) Inefficiency;
1.11(b) Neglect of duty, or persistent violation of school laws, rules, regulations, or
1.12directives;
1.13(c) Conduct unbecoming a teacher which materially impairs the teacher's educational
1.14effectiveness;
1.15(d) Other good and sufficient grounds rendering the teacher unfit to perform the
1.16teacher's duties.
1.17A contract must not be terminated upon one of the grounds specified in clause (a),
1.18(b), (c), or (d), unless the teacher fails to correct the deficiency after being given written
1.19notice of the specific items of complaint andreasonable time within which 180 days
1.20after receiving the notice to remedy them.
1.21EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
1.22collective bargaining agreements ratified or modified after that date.
1.23 Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to read:
2.1 Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph
2.2(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
2.3of the following grounds:
2.4(1) immoral conduct, insubordination, or conviction of a felony;
2.5(2) conduct unbecoming a teacher which requires the immediate removal of the
2.6teacher from classroom or other duties;
2.7(3) failure without justifiable cause to teach without first securing the written release
2.8of the school board;
2.9(4) gross inefficiency which the teacher has failed to correct after reasonable written
2.10notice;
2.11(5) willful neglect of duty; or
2.12(6) continuing physical or mental disability subsequent to a 12 months leave of
2.13absence and inability to qualify for reinstatement in accordance with subdivision 12.
2.14For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
2.15discriminatory practice described in section363A.13 .
2.16Prior to discharging a teacher under this paragraph, the board must notify the teacher
2.17in writing and state its ground for the proposed discharge in reasonable detail. Within
2.18ten five days after receipt of this notification the teacher may make a written request for a
2.19hearing before the board and it shall be granted before final action is taken. The board may,
2.20however, suspend a teacher with paypending only for the first 30 days of the suspension
2.21from regular duty. If the conclusion of such hearing and determination of the issues raised
2.22in the hearing after charges have been filedwhich constitute ground for discharge, the
2.23board may in its discretion determine the teacher's salary or compensation as of the time
2.24of filing charges against the teacher, but must subtract the amount of any payment made
2.25to the teacher during the first 30 days of suspension. If the determination of the issues is
2.26favorable to the teacher, the board must not abate the teacher's salary or compensation.
2.27(b) A board must discharge a continuing-contract teacher, effective immediately,
2.28upon receipt of notice under section122A.20, subdivision 1 , paragraph (b), that the
2.29teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
2.30EFFECTIVE DATE.This section is effective September 1, 2011, and applies to
2.31all discharge actions initiated by the board after that date.
2.32 Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 14, is amended to read:
2.33 Subd. 14. Hearing procedures. Any hearing held pursuant to this section must be
2.34heldupon within 20 calendar days after the board gives the teacher appropriate and timely
2.35noticeto the teacher, and any hearing held pursuant to subdivision 9 or 13 must be private
3.1or public at the discretion of the teacher. A hearing held pursuant to subdivision 11 must
3.2be public and may be consolidated by the school board. At the hearing, the board and
3.3the teacher may each be represented by counsel at each party's own expense, and such
3.4counsel may examine and cross-examine witnesses and present arguments. The board
3.5must first present evidence to sustain the grounds for termination or discharge and then
3.6receive evidence presented by the teacher. Each party may then present rebuttal evidence.
3.7Dismissal of the teacher must be based upon substantial and competent evidence in the
3.8record. All witnesses shall be sworn upon oath administered by the presiding officer of the
3.9board. The clerk of the board shall issue subpoenas for witnesses or the production of
3.10records pertinent to the grounds upon the request of either the board or the teacher. The
3.11board must employ a court reporter to record the proceedings at the hearing, and either
3.12party may obtain a transcript of the hearing at its own expense.
3.13EFFECTIVE DATE.This section is effective September 1, 2011, and applies
3.14to all hearings requested after that date.
3.15 Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 7, is amended to read:
3.16 Subd. 7. Hearing of charges against teacher. The charges against a teacher
3.17must be in writing and signed by the person making the same and then filed with the
3.18secretary or clerk of the school board having charge of the school in which the teacher
3.19is employed. Before the school board discharges or demotes a teacher, the board must
3.20notify the teacher in writing and state in reasonable detail its grounds for the proposed
3.21discharge or demotion, together with a statement that the teacher may request in writing
3.22withinten five days after receiving the notice a hearing before the board. The board may
3.23have the notice served personally or may send it by certified mail addressed to the teacher
3.24at the teacher's last known post office address. The teacher, under subdivision 13, also
3.25may elect a hearing before an arbitrator instead of the school board. Withinten five days
3.26after receiving the notice the teacher may request in writing a hearing before the board or
3.27an arbitrator and it shall be granted. The hearing must be held within 20 calendar days
3.28after the teacher's request for a hearing is granted. The teacher must be given reasonable
3.29notice of the time and place of the hearing before final action is taken. A teacher who fails
3.30to request a hearing withinten five days is considered to acquiesce in the board's action.
3.31If the charge is made by a person not connected with the school system the charge may
3.32be disregarded by the school board. If the grounds are those specified in subdivision 6,
3.33clause (1), (2), (3), or (4), the notice must also state a teacher may request arbitration
3.34under subdivision 13. At the hearing, the school board or arbitrator shall hear all evidence
3.35that may be adduced in support of the charges and for the teacher's defense to the charges.
4.1Either party has the right to have a written record of the hearing at the expense of the board
4.2and to have witnesses subpoenaed and all witnesses so subpoenaed must be examined
4.3under oath. Any member of the school board conducting such a hearing has authority to
4.4issue subpoenas and to administer oaths to witnesses.
4.5EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
4.6collective bargaining agreements ratified or modified after that date.
4.7 Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 12, is amended to read:
4.8 Subd. 12. Suspension pending hearing; salary. After charges are filed against
4.9a teacher, the school board may suspend the teacher from regular duty. The board may
4.10suspend the teacher with pay only for the first 30 days of the suspension. If the teacher is
4.11suspended or removed after the final decision, the board may in its discretion determine
4.12the teacher's salary or compensation as of the time of filing the charges but must subtract
4.13the amount of any payment made to the teacher during the first 30 days of the teacher's
4.14suspension. If the final decision is favorable to the teacher, the board must not abate the
4.15teacher's salary or compensation.
4.16EFFECTIVE DATE.This section is effective September 1, 2011, and applies to
4.17all discharge actions initiated by the board after that date.
4.18 Sec. 6. Minnesota Statutes 2010, section 122A.41, subdivision 13, is amended to read:
4.19 Subd. 13. Hearing and determination by arbitrator. A teacher against whom
4.20charges have been filed alleging any cause for discharge or demotion specified in
4.21subdivision 6, clause (1), (2), (3), or (4), may elect a hearing before an arbitrator instead of
4.22the school board. The hearing is governed by this subdivision.
4.23(a) The teacher must make a written request for a hearing before an arbitrator
4.24withinten five days after receiving a written notice of the filing of charges required by
4.25subdivision 7. Failure to request a hearing before an arbitrator during this period is
4.26considered acquiescence to the board's action.
4.27(b) If the teacher and the school board are unable to mutually agree on an arbitrator,
4.28the board must request from the Bureau of Mediation Services a list of five persons to
4.29serve as an arbitrator. If the teacher and the school board are unable to mutually agree on
4.30an arbitrator from the list provided, the parties shall alternately strike names from the list
4.31until the name of one arbitrator remains. The person remaining after the striking procedure
4.32must be the arbitrator. If the parties are unable to agree on who shall strike the first name,
5.1the question must be decided by a flip of a coin. The teacher and the board must share
5.2equally the costs and fees of the arbitrator.
5.3(c) The arbitrator shall determine, by a preponderance of the evidence, whether the
5.4causes specified in subdivision 6, clause (1), (2), (3), or (4), exist to support the proposed
5.5discharge or demotion. A lesser penalty than discharge or demotion may be imposed by the
5.6arbitrator only to the extent that either party proposes such lesser penalty in the proceeding.
5.7In making the determination, the arbitration proceeding is governed by sections572B.15
5.8to572B.28 and by the collective bargaining agreement applicable to the teacher.
5.9(d) An arbitration hearing conducted under this subdivision is a meeting for
5.10preliminary consideration of allegations or charges within the meaning of section13D.05,
5.11subdivision 3 , paragraph (a), and must be closed, unless the teacher requests it to be open.
5.12(e) The arbitrator's decision is final and binding on the parties, subject to sections
5.13572B.18
to
572B.28 .
5.14EFFECTIVE DATE.This section is effective September 1, 2011, and applies to all
5.15discharge and demotion actions initiated by the board after that date.
1.3Minnesota Statutes 2010, sections 122A.40, subdivisions 9, 13, 14; 122A.41,
1.4subdivisions 7, 12, 13.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to
1.7read:
1.8 Subd. 9. Grounds for termination. A continuing contract may be terminated,
1.9effective at the close of the school year, upon any of the following grounds:
1.10(a) Inefficiency;
1.11(b) Neglect of duty, or persistent violation of school laws, rules, regulations, or
1.12directives;
1.13(c) Conduct unbecoming a teacher which materially impairs the teacher's educational
1.14effectiveness;
1.15(d) Other good and sufficient grounds rendering the teacher unfit to perform the
1.16teacher's duties.
1.17A contract must not be terminated upon one of the grounds specified in clause (a),
1.18(b), (c), or (d), unless the teacher fails to correct the deficiency after being given written
1.19notice of the specific items of complaint and
1.20after receiving the notice to remedy them.
1.21EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
1.22collective bargaining agreements ratified or modified after that date.
1.23 Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to read:
2.1 Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph
2.2(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
2.3of the following grounds:
2.4(1) immoral conduct, insubordination, or conviction of a felony;
2.5(2) conduct unbecoming a teacher which requires the immediate removal of the
2.6teacher from classroom or other duties;
2.7(3) failure without justifiable cause to teach without first securing the written release
2.8of the school board;
2.9(4) gross inefficiency which the teacher has failed to correct after reasonable written
2.10notice;
2.11(5) willful neglect of duty; or
2.12(6) continuing physical or mental disability subsequent to a 12 months leave of
2.13absence and inability to qualify for reinstatement in accordance with subdivision 12.
2.14For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
2.15discriminatory practice described in section
2.16Prior to discharging a teacher under this paragraph, the board must notify the teacher
2.17in writing and state its ground for the proposed discharge in reasonable detail. Within
2.18
2.19hearing before the board and it shall be granted before final action is taken. The board may,
2.20however, suspend a teacher with pay
2.21from regular duty. If the conclusion of such hearing and determination of the issues raised
2.22in the hearing after charges have been filed
2.23board may in its discretion determine the teacher's salary or compensation as of the time
2.24of filing charges against the teacher, but must subtract the amount of any payment made
2.25to the teacher during the first 30 days of suspension. If the determination of the issues is
2.26favorable to the teacher, the board must not abate the teacher's salary or compensation.
2.27(b) A board must discharge a continuing-contract teacher, effective immediately,
2.28upon receipt of notice under section
2.29teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
2.30EFFECTIVE DATE.This section is effective September 1, 2011, and applies to
2.31all discharge actions initiated by the board after that date.
2.32 Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 14, is amended to read:
2.33 Subd. 14. Hearing procedures. Any hearing held pursuant to this section must be
2.34held
2.35notice
3.1or public at the discretion of the teacher. A hearing held pursuant to subdivision 11 must
3.2be public and may be consolidated by the school board. At the hearing, the board and
3.3the teacher may each be represented by counsel at each party's own expense, and such
3.4counsel may examine and cross-examine witnesses and present arguments. The board
3.5must first present evidence to sustain the grounds for termination or discharge and then
3.6receive evidence presented by the teacher. Each party may then present rebuttal evidence.
3.7Dismissal of the teacher must be based upon substantial and competent evidence in the
3.8record. All witnesses shall be sworn upon oath administered by the presiding officer of the
3.9board. The clerk of the board shall issue subpoenas for witnesses or the production of
3.10records pertinent to the grounds upon the request of either the board or the teacher. The
3.11board must employ a court reporter to record the proceedings at the hearing, and either
3.12party may obtain a transcript of the hearing at its own expense.
3.13EFFECTIVE DATE.This section is effective September 1, 2011, and applies
3.14to all hearings requested after that date.
3.15 Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 7, is amended to read:
3.16 Subd. 7. Hearing of charges against teacher. The charges against a teacher
3.17must be in writing and signed by the person making the same and then filed with the
3.18secretary or clerk of the school board having charge of the school in which the teacher
3.19is employed. Before the school board discharges or demotes a teacher, the board must
3.20notify the teacher in writing and state in reasonable detail its grounds for the proposed
3.21discharge or demotion, together with a statement that the teacher may request in writing
3.22within
3.23have the notice served personally or may send it by certified mail addressed to the teacher
3.24at the teacher's last known post office address. The teacher, under subdivision 13, also
3.25may elect a hearing before an arbitrator instead of the school board. Within
3.26after receiving the notice the teacher may request in writing a hearing before the board or
3.27an arbitrator and it shall be granted. The hearing must be held within 20 calendar days
3.28after the teacher's request for a hearing is granted. The teacher must be given reasonable
3.29notice of the time and place of the hearing before final action is taken. A teacher who fails
3.30to request a hearing within
3.31If the charge is made by a person not connected with the school system the charge may
3.32be disregarded by the school board. If the grounds are those specified in subdivision 6,
3.33clause (1), (2), (3), or (4), the notice must also state a teacher may request arbitration
3.34under subdivision 13. At the hearing, the school board or arbitrator shall hear all evidence
3.35that may be adduced in support of the charges and for the teacher's defense to the charges.
4.1Either party has the right to have a written record of the hearing at the expense of the board
4.2and to have witnesses subpoenaed and all witnesses so subpoenaed must be examined
4.3under oath. Any member of the school board conducting such a hearing has authority to
4.4issue subpoenas and to administer oaths to witnesses.
4.5EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
4.6collective bargaining agreements ratified or modified after that date.
4.7 Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 12, is amended to read:
4.8 Subd. 12. Suspension pending hearing; salary. After charges are filed against
4.9a teacher, the school board may suspend the teacher from regular duty. The board may
4.10suspend the teacher with pay only for the first 30 days of the suspension. If the teacher is
4.11suspended or removed after the final decision, the board may in its discretion determine
4.12the teacher's salary or compensation as of the time of filing the charges but must subtract
4.13the amount of any payment made to the teacher during the first 30 days of the teacher's
4.14suspension. If the final decision is favorable to the teacher, the board must not abate the
4.15teacher's salary or compensation.
4.16EFFECTIVE DATE.This section is effective September 1, 2011, and applies to
4.17all discharge actions initiated by the board after that date.
4.18 Sec. 6. Minnesota Statutes 2010, section 122A.41, subdivision 13, is amended to read:
4.19 Subd. 13. Hearing and determination by arbitrator. A teacher against whom
4.20charges have been filed alleging any cause for discharge or demotion specified in
4.21subdivision 6, clause (1), (2), (3), or (4), may elect a hearing before an arbitrator instead of
4.22the school board. The hearing is governed by this subdivision.
4.23(a) The teacher must make a written request for a hearing before an arbitrator
4.24within
4.25subdivision 7. Failure to request a hearing before an arbitrator during this period is
4.26considered acquiescence to the board's action.
4.27(b) If the teacher and the school board are unable to mutually agree on an arbitrator,
4.28the board must request from the Bureau of Mediation Services a list of five persons to
4.29serve as an arbitrator. If the teacher and the school board are unable to mutually agree on
4.30an arbitrator from the list provided, the parties shall alternately strike names from the list
4.31until the name of one arbitrator remains. The person remaining after the striking procedure
4.32must be the arbitrator. If the parties are unable to agree on who shall strike the first name,
5.1the question must be decided by a flip of a coin. The teacher and the board must share
5.2equally the costs and fees of the arbitrator.
5.3(c) The arbitrator shall determine, by a preponderance of the evidence, whether the
5.4causes specified in subdivision 6, clause (1), (2), (3), or (4), exist to support the proposed
5.5discharge or demotion. A lesser penalty than discharge or demotion may be imposed by the
5.6arbitrator only to the extent that either party proposes such lesser penalty in the proceeding.
5.7In making the determination, the arbitration proceeding is governed by sections
5.8to
5.9(d) An arbitration hearing conducted under this subdivision is a meeting for
5.10preliminary consideration of allegations or charges within the meaning of section
5.11subdivision 3
5.12(e) The arbitrator's decision is final and binding on the parties, subject to sections
5.14EFFECTIVE DATE.This section is effective September 1, 2011, and applies to all
5.15discharge and demotion actions initiated by the board after that date.
