Bill Text: MN SF2382 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Teachers unrequested leave of absence provisions modification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-03-06 - Referred to Education [SF2382 Detail]
Download: Minnesota-2013-SF2382-Introduced.html
1.2relating to education; modifying unrequested leave of absence provisions for
1.3teachers;amending Minnesota Statutes 2012, sections 122A.40, subdivision 10;
1.4122A.41, subdivision 14; 123A.75, subdivision 1; repealing Minnesota Statutes
1.52012, section 122A.40, subdivision 11.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to
1.8read:
1.9 Subd. 10. Negotiated unrequested leave of absence. The school board and the
1.10exclusive bargaining representative of the teachersmay must negotiate a plan providing for
1.11unrequested leave of absence without pay or fringe benefits for as many teachers as may
1.12be necessary because of discontinuance of position, lack of pupils, financial limitations, or
1.13merger of classes caused by consolidation of districts.Failing to successfully negotiate
1.14such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
1.15include provisions which would result in the exercise of seniority by a teacher holding a
1.16provisional license, other than a vocational education license, contrary to the provisions
1.17of subdivision 11, paragraph (c), or the reinstatement of a teacher holding a provisional
1.18license, other than a vocational education license, contrary to the provisions of subdivision
1.1911, paragraph (e). The negotiated plan may be based on teacher evaluation ratings. The
1.20provisions of section179A.16 do not apply for the purposes of this subdivision.
1.21EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
1.22negotiated plans for unrequested leave of absence agreed to for teacher contracts with a
1.23term beginning on July 1, 2015.
2.1 Sec. 2. Minnesota Statutes 2012, section 122A.41, subdivision 14, is amended to read:
2.2 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
2.3given.(a) A teacher whose services are terminated on account of discontinuance of
2.4position or lack of pupils must receive first consideration for other positions in the
2.5district for which that teacher is qualified. In the event If it becomes necessary for a
2.6board to discontinueone or more positions a teacher on account of discontinuance of
2.7position or lack of pupils,in making such discontinuance, teachers must be discontinued
2.8in any department in the inverse order in which they were employed, unless a board and
2.9the exclusive representative of teachers in the district must negotiate a planproviding
2.10otherwise for discharging, demoting, or recalling a teacher. The negotiated plan may be
2.11based on teacher evaluation ratings.
2.12(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
2.13any seniority when that exercise results in that teacher being retained by the district in
2.14a field for which the teacher holds only a provisional license, as defined by the Board
2.15of Teaching, unless that exercise of seniority results in the termination of services, on
2.16account of discontinuance of position or lack of pupils, of another teacher who also
2.17holds a provisional license in the same field. The provisions of this clause do not apply
2.18to vocational education licenses.
2.19(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
2.20to a position in a field in which the teacher holds only a provisional license, other than a
2.21vocational education license, while another teacher who holds a nonprovisional license in
2.22the same field is available for reinstatement.
2.23EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
2.24negotiated plans for discontinuing or terminating teachers agreed to for teacher contracts
2.25with a term beginning on July 1, 2015.
2.26 Sec. 3. Minnesota Statutes 2012, section 123A.75, subdivision 1, is amended to read:
2.27 Subdivision 1. Teacher assignment.(a) As of the effective date of a consolidation
2.28in which a district is divided or the dissolution of a district and its attachment to two or
2.29more existing districts, each teacher employed by an affected district shall be assigned to
2.30the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
2.31district according to the new district boundaries.The district receiving the greatest number
2.32of pupils must be assigned the teacher with the greatest seniority, and the remaining
2.33teachers must be alternately assigned to each district until the district receiving the fewest
2.34pupils has received its ratio of teachers who will not be retiring before the effective date of
2.35the consolidation or dissolution.
3.1(b) Notwithstanding paragraph (a), The board and the exclusive representative of
3.2teachers in each district involved in the consolidation or dissolution and attachmentmay
3.3 must negotiate a plan for assigning teachers to each newly created or enlarged district.
3.4 The negotiated plan may be based on teacher evaluation ratings.
3.5EFFECTIVE DATE.This section is effective July 1, 2014.
3.6 Sec. 4. REPEALER.
3.7Minnesota Statutes 2012, section 122A.40, subdivision 11, is repealed effective
3.8July 1, 2015.
1.3teachers;amending Minnesota Statutes 2012, sections 122A.40, subdivision 10;
1.4122A.41, subdivision 14; 123A.75, subdivision 1; repealing Minnesota Statutes
1.52012, section 122A.40, subdivision 11.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to
1.8read:
1.9 Subd. 10. Negotiated unrequested leave of absence. The school board and the
1.10exclusive bargaining representative of the teachers
1.11unrequested leave of absence without pay or fringe benefits for as many teachers as may
1.12be necessary because of discontinuance of position, lack of pupils, financial limitations, or
1.13merger of classes caused by consolidation of districts.
1.14
1.15
1.16
1.17
1.18
1.19
1.20provisions of section
1.21EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
1.22negotiated plans for unrequested leave of absence agreed to for teacher contracts with a
1.23term beginning on July 1, 2015.
2.1 Sec. 2. Minnesota Statutes 2012, section 122A.41, subdivision 14, is amended to read:
2.2 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
2.3given.
2.4
2.5
2.6board to discontinue
2.7position or lack of pupils,
2.8
2.9the exclusive representative of teachers in the district must negotiate a plan
2.10
2.11based on teacher evaluation ratings.
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
2.24negotiated plans for discontinuing or terminating teachers agreed to for teacher contracts
2.25with a term beginning on July 1, 2015.
2.26 Sec. 3. Minnesota Statutes 2012, section 123A.75, subdivision 1, is amended to read:
2.27 Subdivision 1. Teacher assignment.
2.28in which a district is divided or the dissolution of a district and its attachment to two or
2.29more existing districts, each teacher employed by an affected district shall be assigned to
2.30the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
2.31district according to the new district boundaries.
2.32
2.33
2.34
2.35
3.1
3.2teachers in each district involved in the consolidation or dissolution and attachment
3.3 must negotiate a plan for assigning teachers to each newly created or enlarged district.
3.4 The negotiated plan may be based on teacher evaluation ratings.
3.5EFFECTIVE DATE.This section is effective July 1, 2014.
3.6 Sec. 4. REPEALER.
3.7Minnesota Statutes 2012, section 122A.40, subdivision 11, is repealed effective
3.8July 1, 2015.
