Bill Text: MN SF2129 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Teachers unrequested leave of absence for teachers in special circumstances modification
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-03 - Referred to Education [SF2129 Detail]
Download: Minnesota-2013-SF2129-Introduced.html
1.2relating to education; modifying unrequested leave of absence provisions for
1.3teachers in special circumstances;amending Minnesota Statutes 2012, sections
1.4122A.40, subdivision 10; 122A.41, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to
1.7read:
1.8 Subd. 10. Negotiated unrequested leave of absence. The school board and the
1.9exclusive bargaining representative of the teachers may negotiate a plan providing for
1.10unrequested leave of absence without pay or fringe benefits for as many teachers as may
1.11be necessary because of discontinuance of position, lack of pupils, financial limitations, or
1.12merger of classes caused by consolidation of districts. Failing to successfully negotiate
1.13such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
1.14include provisions which would result in the exercise of seniority by a teacher holding a
1.15provisional license, other than a vocational education license, contrary to the provisions
1.16of subdivision 11, paragraph (c), or the reinstatement of a teacher holding a provisional
1.17license, other than a vocational education license, contrary to the provisions of subdivision
1.1811, paragraph (e). The provisions of section179A.16 do not apply for the purposes of this
1.19subdivision. A school board may make a determination that there are teachers in special
1.20circumstances. Special circumstances include, but are not limited to, a teacher receiving
1.21specialized training, teaching a specialized course, or a teacher having a license in a
1.22subject area in which the teacher has never taught. The school board and the exclusive
1.23bargaining representative must negotiate a plan providing for unrequested leave of absence
1.24for teachers in special circumstances. The unrequested leave of absence agreement must
2.1be included in the school district's policies. A district must submit an electronic copy of its
2.2unrequested leave agreement to the commissioner.
2.3EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
2.4negotiated plans for unrequested leave of absence agreed to for teacher contracts with a
2.5term beginning on July 1, 2015.
2.6 Sec. 2. Minnesota Statutes 2012, section 122A.41, is amended by adding a subdivision
2.7to read:
2.8 Subd. 14a. Teachers in special circumstances. A school board may make a
2.9determination that there are teachers in special circumstances. Special circumstances
2.10include, but are not limited to, a teacher receiving specialized training, teaching a
2.11specialized course, or a teacher having a license in a subject area in which the teacher has
2.12never taught. The school board and the exclusive bargaining representative must negotiate
2.13a plan providing for discharge, demotion, or recall of teachers in special circumstances.
2.14The negotiated plan must be included in the school district's policies. A district must
2.15submit an electronic copy of its negotiated plan to the commissioner.
2.16EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
2.17negotiated plans for discontinuing or terminating teachers agreed to for teacher contracts
2.18with a term beginning on July 1, 2015.
1.3teachers in special circumstances;amending Minnesota Statutes 2012, sections
1.4122A.40, subdivision 10; 122A.41, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to
1.7read:
1.8 Subd. 10. Negotiated unrequested leave of absence. The school board and the
1.9exclusive bargaining representative of the teachers may negotiate a plan providing for
1.10unrequested leave of absence without pay or fringe benefits for as many teachers as may
1.11be necessary because of discontinuance of position, lack of pupils, financial limitations, or
1.12merger of classes caused by consolidation of districts. Failing to successfully negotiate
1.13such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
1.14include provisions which would result in the exercise of seniority by a teacher holding a
1.15provisional license, other than a vocational education license, contrary to the provisions
1.16of subdivision 11, paragraph (c), or the reinstatement of a teacher holding a provisional
1.17license, other than a vocational education license, contrary to the provisions of subdivision
1.1811, paragraph (e). The provisions of section
1.19subdivision. A school board may make a determination that there are teachers in special
1.20circumstances. Special circumstances include, but are not limited to, a teacher receiving
1.21specialized training, teaching a specialized course, or a teacher having a license in a
1.22subject area in which the teacher has never taught. The school board and the exclusive
1.23bargaining representative must negotiate a plan providing for unrequested leave of absence
1.24for teachers in special circumstances. The unrequested leave of absence agreement must
2.1be included in the school district's policies. A district must submit an electronic copy of its
2.2unrequested leave agreement to the commissioner.
2.3EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
2.4negotiated plans for unrequested leave of absence agreed to for teacher contracts with a
2.5term beginning on July 1, 2015.
2.6 Sec. 2. Minnesota Statutes 2012, section 122A.41, is amended by adding a subdivision
2.7to read:
2.8 Subd. 14a. Teachers in special circumstances. A school board may make a
2.9determination that there are teachers in special circumstances. Special circumstances
2.10include, but are not limited to, a teacher receiving specialized training, teaching a
2.11specialized course, or a teacher having a license in a subject area in which the teacher has
2.12never taught. The school board and the exclusive bargaining representative must negotiate
2.13a plan providing for discharge, demotion, or recall of teachers in special circumstances.
2.14The negotiated plan must be included in the school district's policies. A district must
2.15submit an electronic copy of its negotiated plan to the commissioner.
2.16EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
2.17negotiated plans for discontinuing or terminating teachers agreed to for teacher contracts
2.18with a term beginning on July 1, 2015.
