Bill Text: MN SF2088 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Probationary teachers contract nonrenewal notification requirement date change
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Engrossed - Dead) 2012-03-27 - Second reading [SF2088 Detail]
Download: Minnesota-2011-SF2088-Introduced.html
1.2relating to education; changing by one month the date by which a school board
1.3must notify a probationary teacher about not renewing the teacher's contract;
1.4amending Minnesota Statutes 2011 Supplement, section 122A.40, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 122A.40, subdivision 5,
1.7is amended to read:
1.8 Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
1.9first teaching experience in Minnesota in a single district is deemed to be a probationary
1.10period of employment, and, the probationary period in each district in which the teacher is
1.11thereafter employed shall be one year. The school board must adopt a plan for written
1.12evaluation of teachers during the probationary period that is consistent with subdivision
1.138. Evaluation must occur at least three times periodically throughout each school year
1.14for a teacher performing services during that school year; the first evaluation must occur
1.15within the first 90 days of teaching service. Days devoted to parent-teacher conferences,
1.16teachers' workshops, and other staff development opportunities and days on which a
1.17teacher is absent from school must not be included in determining the number of school
1.18days on which a teacher performs services. Except as otherwise provided in paragraph (b),
1.19during the probationary period any annual contract with any teacher may or may not be
1.20renewed as the school board shall see fit. However, the board must give any such teacher
1.21whose contract it declines to renew for the following school year written notice to that
1.22effect beforeJune July 1. If the teacher requests reasons for any nonrenewal of a teaching
1.23contract, the board must give the teacher its reason in writing, including a statement
1.24that appropriate supervision was furnished describing the nature and the extent of such
2.1supervision furnished the teacher during the employment by the board, within ten days
2.2after receiving such request. The school board may, after a hearing held upon due notice,
2.3discharge a teacher during the probationary period for cause, effective immediately,
2.4under section122A.44 .
2.5(b) A board must discharge a probationary teacher, effective immediately, upon
2.6receipt of notice under section122A.20, subdivision 1 , paragraph (b), that the teacher's
2.7license has been revoked due to a conviction for child abuse or sexual abuse.
2.8(c) A probationary teacher whose first three years of consecutive employment are
2.9interrupted for active military service and who promptly resumes teaching consistent with
2.10federal reemployment timelines for uniformed service personnel under United States
2.11Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
2.12for purposes of paragraph (a).
2.13(d) A probationary teacher must complete at least 120 days of teaching service each
2.14year during the probationary period. Days devoted to parent-teacher conferences, teachers'
2.15workshops, and other staff development opportunities and days on which a teacher is
2.16absent from school do not count as days of teaching service under this paragraph.
2.17EFFECTIVE DATE.This section is effective for the 2012-2013 school year and
2.18later.
1.3must notify a probationary teacher about not renewing the teacher's contract;
1.4amending Minnesota Statutes 2011 Supplement, section 122A.40, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 122A.40, subdivision 5,
1.7is amended to read:
1.8 Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
1.9first teaching experience in Minnesota in a single district is deemed to be a probationary
1.10period of employment, and, the probationary period in each district in which the teacher is
1.11thereafter employed shall be one year. The school board must adopt a plan for written
1.12evaluation of teachers during the probationary period that is consistent with subdivision
1.138. Evaluation must occur at least three times periodically throughout each school year
1.14for a teacher performing services during that school year; the first evaluation must occur
1.15within the first 90 days of teaching service. Days devoted to parent-teacher conferences,
1.16teachers' workshops, and other staff development opportunities and days on which a
1.17teacher is absent from school must not be included in determining the number of school
1.18days on which a teacher performs services. Except as otherwise provided in paragraph (b),
1.19during the probationary period any annual contract with any teacher may or may not be
1.20renewed as the school board shall see fit. However, the board must give any such teacher
1.21whose contract it declines to renew for the following school year written notice to that
1.22effect before
1.23contract, the board must give the teacher its reason in writing, including a statement
1.24that appropriate supervision was furnished describing the nature and the extent of such
2.1supervision furnished the teacher during the employment by the board, within ten days
2.2after receiving such request. The school board may, after a hearing held upon due notice,
2.3discharge a teacher during the probationary period for cause, effective immediately,
2.4under section
2.5(b) A board must discharge a probationary teacher, effective immediately, upon
2.6receipt of notice under section
2.7license has been revoked due to a conviction for child abuse or sexual abuse.
2.8(c) A probationary teacher whose first three years of consecutive employment are
2.9interrupted for active military service and who promptly resumes teaching consistent with
2.10federal reemployment timelines for uniformed service personnel under United States
2.11Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
2.12for purposes of paragraph (a).
2.13(d) A probationary teacher must complete at least 120 days of teaching service each
2.14year during the probationary period. Days devoted to parent-teacher conferences, teachers'
2.15workshops, and other staff development opportunities and days on which a teacher is
2.16absent from school do not count as days of teaching service under this paragraph.
2.17EFFECTIVE DATE.This section is effective for the 2012-2013 school year and
2.18later.
