Bill Text: MN SF747 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Teacher termination and discharge procedure modification
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2011-03-10 - Referred to Education [SF747 Detail]
Download: Minnesota-2011-SF747-Introduced.html
1.2relating to education; modifying teacher termination and discharge procedures;
1.3amending Minnesota Statutes 2010, section 122A.40, subdivisions 7, 9, 13,
1.415, 16.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Termination of contract after probationary period. (a) A teacher who
1.9has completed a probationary period in any district, and who has not been discharged or
1.10advised of a refusal to renew the teacher's contract under subdivision 5, shallelect to have
1.11a continuing contract withsuch the district where contract terms and conditions, including
1.12salary and salary increases, are established based either on the length of the school calendar
1.13or an extended school calendar under section120A.415 . Thereafter, the teacher's contract
1.14must remain in full force and effect, except as modified by mutual consent of the board and
1.15the teacher, until terminated by a majority roll call vote of the full membership of the board
1.16prior toApril 1 July 1 upon one of the grounds specified in subdivision 9 or July 1 upon
1.17one of the grounds specified in subdivision 9, 10, or 11, or until the teacher is discharged
1.18pursuant to subdivision 13, or by the written resignation of the teacher submitted prior to
1.19April 1. If an agreement as to the terms and conditions of employment for the succeeding
1.20school year has not been adoptedpursuant to the provisions of under sections
179A.01
1.21to179A.25 prior to March 1, the teacher's right of resignation is extended to the 30th
1.22calendar day following the adoption ofsaid contract the agreement in compliance with
1.23section179A.20, subdivision 5 . Such The written resignation by the teacher is effective as
1.24of June 30 if submitted prior to that date and the teachers' right of resignation for the next
2.1school yearthen beginning shall cease on July 15. Before a teacher's contract is terminated
2.2by the board, the board must notify the teacher in writing and state itsground grounds for
2.3the proposed termination in reasonable detail together with a statement that the teacher
2.4may make a written request for a hearing before the board within 14 calendar days after
2.5receipt ofsuch the notification, and it shall be granted within ten calendar days with notice
2.6to the teacher of the date set for the hearing, before final action is taken.
2.7 If the grounds are those specified in subdivision 9 or 13, the notice must also state
2.8a teacher may request arbitration under subdivision 15. Within 14 calendar days after
2.9receipt ofthis the notification, the teacher may make a written request for a hearing before
2.10the board oran arbitrator arbitration and it shall be granted upon reasonable within 14
2.11calendar days with notice to the teacher of the date set for hearing or arbitration, before
2.12final action is taken. If no hearing or arbitration is requested withinsuch the required
2.13time period, it shall be deemed acquiescence by the teacher to the board's action.Such
2.14Termination under subdivision 9 shall take effect at the close of the school year in which
2.15the contract is terminatedin the manner aforesaid, and termination discharge under
2.16subdivision 13 shall take effect immediately. A board may, however, suspend a teacher
2.17with pay pending the conclusion of such a hearing or arbitration and determination of the
2.18issues raised in the hearing or arbitration after charges have been filed which constitute
2.19grounds for discharge.Such contract A continuing contract teacher's contract may be
2.20terminated at any time by mutual consent of the board and the teacher, and this section
2.21does not affect the powers of a board to suspend, discharge, or demote a teacher under
2.22and pursuant to other provisions of law.
2.23(b) A teacher electing to have a continuing contract based on the extended school
2.24calendar under section120A.415 must participate in staff development training under
2.25subdivision 7a and shall receive an increased base salary.
2.26 Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
2.27 Subd. 9. Grounds for termination. A continuing contract may be terminated,
2.28effective at the close of the school year, upon any of the following grounds:
2.29(a) (1) inefficiency;
2.30(b) (2) neglect of duty, or persistent violation of school laws, rules, regulations,
2.31or directives;
2.32(c) (3) conduct unbecoming a teacher which materially impairs the teacher's
2.33educational effectiveness; or
2.34(d) (4) other good and sufficient grounds rendering the teacher unfit to perform
2.35the teacher's duties.
3.1A contract must not be terminated upon one of the grounds specified in clause
3.2(a), (b), (c), or (d) (1), (2), (3), or (4), unless the teacher fails to correct the deficiency
3.3after being given written notice of the specific items of complaintand reasonable time,
3.4a written plan to assist the teacher in remedy, the specific items of complaint, and for a
3.5period not to exceed six months within which to remedy them.
3.6 Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to read:
3.7 Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph
3.8(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
3.9of the following grounds:
3.10(1) immoral conduct, insubordination, or conviction of a felony;
3.11(2) conduct unbecoming a teacher which requires the immediate removal of the
3.12teacher from the classroom or other duties;
3.13(3) failure without justifiable cause to teach without first securing the written release
3.14of the school board;
3.15(4) gross inefficiency which the teacher has failed to correct after reasonable written
3.16notice;
3.17(5) willful neglect of duty;or
3.18(6) continuing physical or mental disability subsequent to a12 months 12-month
3.19leave of absence and inability to qualify for reinstatement in accordance with subdivision
3.2012; or
3.21(7) the inability of the board to terminate at the close of the previous school year
3.22under subdivision 9.
3.23For purposes of thisparagraph subdivision, conduct unbecoming a teacher includes
3.24an unfair discriminatory practice described in section363A.13 .
3.25Prior to discharging a teacher under this paragraph, the board must notify the teacher
3.26in writing and state its ground for the proposed discharge in reasonable detail. Within
3.27ten days after receipt of this notification the teacher may make a written request for a
3.28hearing before the board and it shall be granted before final action is taken. The board
3.29may, however, suspend a teacher with pay pending the conclusion of such hearing and
3.30determination of the issues raised in the hearing after charges have been filed which
3.31constitute ground for discharge.
3.32(b) A board must discharge a continuing-contract teacher, effective immediately,
3.33upon receipt of notice under section122A.20, subdivision 1 , paragraph (b), that the
3.34teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
4.1 Sec. 4. Minnesota Statutes 2010, section 122A.40, subdivision 15, is amended to read:
4.2 Subd. 15. Hearing and determination by arbitrator. (a) A teacher whose
4.3termination discharge is proposed under subdivision 7 on grounds specified in subdivision
4.49, or whose discharge is proposed under subdivision 13, may elect a hearing before an
4.5arbitrator arbitration instead of a hearing before the school board. The hearing arbitration
4.6is governed by this subdivision.
4.7(a) (b) The teacher must make a written request for a hearing before an arbitrator
4.8within 14 calendar days after receiving notification of proposed termination on grounds
4.9specified in subdivision 9 or within ten days of receiving notification of proposed discharge
4.10under subdivision 13.If a request for a hearing does not specify that the hearing be before
4.11an arbitrator, it is considered to be a request for a hearing before the school board.
4.12(b) (c) If the teacher and the school board are unable to mutually agree on an
4.13arbitrator, the board must request from the bureau of mediation services a list of five
4.14randomly selected persons to serve as an arbitrator. If the matter to be heard is a proposed
4.15termination on grounds specified in subdivision 9, arbitrators on the list must be available
4.16to hear the matter and make a decision within a time frame that will allow the board to
4.17comply with all statutory timelines relating to termination. If the teacher and the board
4.18are unable to mutually agree on an arbitrator from the list provided, the parties shall
4.19alternately strike names from the list until the name of one arbitrator remains. The person
4.20remaining after the striking procedure must be the arbitrator. If the parties are unable to
4.21agree on who shall strike the first name, the question must be decided by a flip of a coin.
4.22The teacher and the school board must share equally the costs and fees of the arbitrator.
4.23(c) (d) The arbitrator shall determine, by a preponderance of the evidence, whether
4.24the grounds fortermination or discharge specified in subdivision 9 or 13 exist to support
4.25the proposedtermination or discharge. A lesser penalty than termination or discharge may
4.26be imposed by the arbitrator only to the extent thateither party proposes such both parties
4.27agree to a lesser penalty in the proceeding. In making the determination, the arbitration
4.28proceeding is governed by sections572B.15 to
572B.28 and by the collective bargaining
4.29agreement applicable to the teacher.
4.30(d) (e) An arbitration hearing conducted under this subdivision is a meeting for
4.31preliminary consideration of allegations or charges within the meaning of section13D.05,
4.32subdivision 3 , paragraph (a), and must be closed, unless the teacher requests it to be open.
4.33(e) (f) The arbitrator's award is final and binding on the parties, subject to sections
4.34572B.18
to
572B.28 .
4.35 Sec. 5. Minnesota Statutes 2010, section 122A.40, subdivision 16, is amended to read:
5.1 Subd. 16. Decision. After the hearing or arbitration, the board must issue a written
5.2decision and order. If the board orders termination of a continuing contract or discharge of
5.3a teacher, and its decision must include findings of fact based upon competent evidence in
5.4the record and must be served on the teacher, accompanied by an order of termination or
5.5discharge, prior to April 1 in the case of a contract termination for grounds specified in
5.6subdivision 9, prior to July 1 for grounds specified in subdivision 10 or 11, or within ten
5.7calendar days after conclusion of the hearingin the case of a discharge or receipt of an
5.8arbitrator's decision. If the decision of the board or of a reviewing court is favorable to the
5.9teacher, the proceedings must be dismissed and the decision entered in the board minutes,
5.10and all references tosuch the proceedings must be excluded from the teacher's record file.
1.3amending Minnesota Statutes 2010, section 122A.40, subdivisions 7, 9, 13,
1.415, 16.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Termination of contract after probationary period. (a) A teacher who
1.9has completed a probationary period in any district, and who has not been discharged or
1.10advised of a refusal to renew the teacher's contract under subdivision 5, shall
1.11a continuing contract with
1.12salary and salary increases, are established based either on the length of the school calendar
1.13or an extended school calendar under section
1.14must remain in full force and effect, except as modified by mutual consent of the board and
1.15the teacher, until terminated by a majority roll call vote of the full membership of the board
1.16prior to
1.17
1.18pursuant to subdivision 13, or by the written resignation of the teacher submitted prior to
1.19April 1. If an agreement as to the terms and conditions of employment for the succeeding
1.20school year has not been adopted
1.21to
1.22calendar day following the adoption of
1.23section
1.24of June 30 if submitted prior to that date and the teachers' right of resignation for the next
2.1school year
2.2by the board, the board must notify the teacher in writing and state its
2.3the proposed termination in reasonable detail together with a statement that the teacher
2.4may make a written request for a hearing before the board within 14 calendar days after
2.5receipt of
2.6to the teacher of the date set for the hearing, before final action is taken.
2.7 If the grounds are those specified in subdivision
2.8a teacher may request arbitration under subdivision 15. Within 14 calendar days after
2.9receipt of
2.10the board or
2.11calendar days with notice to the teacher of the date set for hearing or arbitration, before
2.12final action is taken. If no hearing or arbitration is requested within
2.13time period, it shall be deemed acquiescence by the teacher to the board's action.
2.14Termination under subdivision 9 shall take effect at the close of the school year in which
2.15the contract is terminated
2.16subdivision 13 shall take effect immediately. A board may, however, suspend a teacher
2.17with pay pending the conclusion of such a hearing or arbitration and determination of the
2.18issues raised in the hearing or arbitration after charges have been filed which constitute
2.19grounds for discharge.
2.20terminated at any time by mutual consent of the board and the teacher, and this section
2.21does not affect the powers of a board to suspend, discharge, or demote a teacher under
2.22and pursuant to other provisions of law.
2.23(b) A teacher electing to have a continuing contract based on the extended school
2.24calendar under section
2.25subdivision 7a and shall receive an increased base salary.
2.26 Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
2.27 Subd. 9. Grounds for termination. A continuing contract may be terminated,
2.28effective at the close of the school year, upon any of the following grounds:
2.29
2.30
2.31or directives;
2.32
2.33educational effectiveness; or
2.34
2.35the teacher's duties.
3.1A contract must not be terminated upon one of the grounds specified in clause
3.2
3.3after being given written notice of the specific items of complaint
3.4a written plan to assist the teacher in remedy, the specific items of complaint, and for a
3.5period not to exceed six months within which to remedy them.
3.6 Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to read:
3.7 Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph
3.8(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
3.9of the following grounds:
3.10(1) immoral conduct, insubordination, or conviction of a felony;
3.11(2) conduct unbecoming a teacher which requires the immediate removal of the
3.12teacher from the classroom or other duties;
3.13(3) failure without justifiable cause to teach without first securing the written release
3.14of the school board;
3.15(4) gross inefficiency which the teacher has failed to correct after reasonable written
3.16notice;
3.17(5) willful neglect of duty;
3.18(6) continuing physical or mental disability subsequent to a
3.19leave of absence and inability to qualify for reinstatement in accordance with subdivision
3.2012; or
3.21(7) the inability of the board to terminate at the close of the previous school year
3.22under subdivision 9.
3.23For purposes of this
3.24an unfair discriminatory practice described in section
3.25
3.26
3.27
3.28
3.29
3.30
3.31
3.32(b) A board must discharge a continuing-contract teacher, effective immediately,
3.33upon receipt of notice under section
3.34teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
4.1 Sec. 4. Minnesota Statutes 2010, section 122A.40, subdivision 15, is amended to read:
4.2 Subd. 15. Hearing and determination by arbitrator. (a) A teacher whose
4.3
4.4
4.5
4.6is governed by this subdivision.
4.7
4.8within 14 calendar days after receiving notification of proposed termination on grounds
4.9specified in subdivision 9 or within ten days of receiving notification of proposed discharge
4.10under subdivision 13.
4.11
4.12
4.13arbitrator, the board must request from the bureau of mediation services a list of five
4.14randomly selected persons to serve as an arbitrator.
4.15
4.16
4.17
4.18are unable to mutually agree on an arbitrator from the list provided, the parties shall
4.19alternately strike names from the list until the name of one arbitrator remains. The person
4.20remaining after the striking procedure must be the arbitrator. If the parties are unable to
4.21agree on who shall strike the first name, the question must be decided by a flip of a coin.
4.22The teacher and the school board must share equally the costs and fees of the arbitrator.
4.23
4.24the grounds for
4.25the proposed
4.26be imposed by the arbitrator only to the extent that
4.27agree to a lesser penalty in the proceeding. In making the determination, the arbitration
4.28proceeding is governed by sections
4.29agreement applicable to the teacher.
4.30
4.31preliminary consideration of allegations or charges within the meaning of section
4.32subdivision 3
4.33
4.35 Sec. 5. Minnesota Statutes 2010, section 122A.40, subdivision 16, is amended to read:
5.1 Subd. 16. Decision. After the hearing or arbitration, the board must issue a written
5.2decision and order
5.3
5.4the record and must be served on the teacher
5.5
5.6
5.7calendar days after conclusion of the hearing
5.8arbitrator's decision. If the decision of the board or of a reviewing court is favorable to the
5.9teacher, the proceedings must be dismissed and the decision entered in the board minutes,
5.10and all references to
