Bill Text: MN SF768 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Probationary teacher and principal status requirements clarification; Teacher Tenure Act modifications; teacher services termination modification
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2011-05-16 - Second reading [SF768 Detail]
Download: Minnesota-2011-SF768-Engrossed.html
1.2relating to education; clarifying requirements governing probationary teacher
1.3and principal status;amending Minnesota Statutes 2010, sections 122A.40,
1.4subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 1, 2, 5a,
1.510, 14.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to
1.8read:
1.9 Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
1.10first teaching experience in Minnesota in a single district is deemed to be a probationary
1.11period of employment, andafter completion thereof, the probationary period in each
1.12district in which the teacher is thereafter employed also shall beone year three consecutive
1.13years of teaching experience except that for purposes of this provision, the probationary
1.14period for principals and assistant principals shall be two consecutive years. The school
1.15board must adopt a plan for written evaluation of teachers during the probationary period.
1.16Evaluation must occur at least three times periodically throughout each school year for a
1.17teacher performing serviceson 120 or more school days, at least two times each year for a
1.18teacher performing services on 60 to 119 school days, and at least one time each year for a
1.19teacher performing services on fewer than 60 school days during that school year. Days
1.20devoted to parent-teacher conferences, teachers' workshops, and other staff development
1.21opportunities and days on which a teacher is absent from school must not be included in
1.22determining the number of school days on which a teacher performs services. Except as
1.23otherwise provided in paragraph (b), during the probationary period any annual contract
1.24with any teacher may or may not be renewed as the school board shall see fit. However,
1.25the board must give any such teacher whose contract it declines to renew for the following
2.1school year written notice to that effect beforeJuly June 1. If the teacher requests reasons
2.2for any nonrenewal of a teaching contract, the board must give the teacher its reason in
2.3writing, including a statement that appropriate supervision was furnished describing the
2.4nature and the extent of such supervision furnished the teacher during the employment
2.5by the board, within ten days after receiving such request. The school board may, after
2.6a hearing held upon due notice, discharge a teacher during the probationary period for
2.7cause, effective immediately, under section122A.44 .
2.8(b) A board must discharge a probationary teacher, effective immediately, upon
2.9receipt of notice under section122A.20, subdivision 1 , paragraph (b), that the teacher's
2.10license has been revoked due to a conviction for child abuse or sexual abuse.
2.11(c) A probationary teacher whose first three years of consecutive employment in
2.12a district are interrupted for active military service and who promptly resumes teaching
2.13consistent with federal reemployment timelines for uniformed service personnel under
2.14United States Code, title 38, section 4312(e), is considered to have a consecutive teaching
2.15experience for purposes of paragraph (a).
2.16(d) A probationary teacher must completeat least 60 120 days of teaching service
2.17each year during the probationary period. Days devoted to parent-teacher conferences,
2.18teachers' workshops, and other staff development opportunities and days on which a
2.19teacher is absent from school do not count as days of teaching service under this paragraph.
2.20EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
2.21probationary teacher employment contracts ratified or modified after that date.
2.22 Sec. 2. Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
2.23to read:
2.24 Subd. 8a. Probationary period for principals hired internally. A probationary
2.25period of two school years is required for a licensed teacher employed by the board who is
2.26subsequently employed by the board as a licensed school principal or assistant principal
2.27and an additional probationary period of two years is required for a licensed assistant
2.28principal employed by the board who is subsequently employed by the board as a licensed
2.29principal. A licensed teacher subsequently employed by the board as a licensed school
2.30principal or assistant principal retains the teacher's continuing contract status as a licensed
2.31teacher during the probationary period under this subdivision and has the right to return
2.32to his or her previous position or an equivalent position, if available, if the teacher is
2.33not promoted.
3.1EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
3.2contracts for internally hired licensed school principals and assistant principals ratified or
3.3modified after that date.
3.4 Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
3.5 Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
3.6leave of absence, without pay or fringe benefits, as many teachers as may be necessary
3.7because of discontinuance of position, lack of pupils, financial limitations, or merger of
3.8classes caused by consolidation of districts. The unrequested leave is effective at the close
3.9of the school year. In placing teachers on unrequested leave, the board may exempt from
3.10the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or a language
3.11immersion program, provide instruction in an advanced placement course, or hold a
3.12kindergarten through grade 12 instrumental vocal classroom music license and currently
3.13serve as a choir, band or orchestra director and who, in the superintendent's judgment,
3.14meet a unique need in delivering curriculum. However, within the Montessori or language
3.15immersion program, a teacher must be placed on unrequested leave of absence consistent
3.16with paragraphs (b) to (g).the board is governed by the following provisions:
3.17(a) (b) The board may place probationary teachers on unrequested leave first in
3.18the inverse order of their employment. A teacher who has acquired continuing contract
3.19rights must not be placed on unrequested leave of absence while probationary teachers
3.20are retained in positions for which the teacher who has acquired continuing contract
3.21rights is licensed;.
3.22(b) (c) Teachers who have acquired continuing contract rights shall be placed on
3.23unrequested leave of absence in fields in which they are licensed in the inverse order
3.24in which they were employed by the school district. In the case of equal seniority, the
3.25order in which teachers who have acquired continuing contract rights shall be placed on
3.26unrequested leave of absence in fields in which they are licensed is negotiable;.
3.27(c) (d) Notwithstanding the provisions of clause (b) paragraph (c), a teacher is not
3.28entitled to exercise any seniority when that exercise results in that teacher being retained
3.29by the district in a field for which the teacher holds only a provisional license, as defined
3.30by the board of teaching, unless that exercise of seniority results in the placement on
3.31unrequested leave of absence of another teacher who also holds a provisional license in the
3.32same field. The provisions of this clause do not apply to vocational education licenses;.
3.33(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the
3.34placing of a probationary teacher on unrequested leave before a teacher who has acquired
3.35continuing rights, the placing of a teacher who has acquired continuing contract rights
4.1on unrequested leave before another teacher who has acquired continuing contract rights
4.2but who has greater seniority, or the restriction imposed by the provisions ofclause (c)
4.3paragraph (d) would place the district in violation of its affirmative action program,
4.4the district may retain the probationary teacher, the teacher with less seniority, or the
4.5provisionally licensed teacher;.
4.6(e) (f) Teachers placed on unrequested leave of absence must be reinstated to
4.7the positions from which they have been given leaves of absence or, if not available,
4.8to other available positions in the school district in fields in which they are licensed.
4.9Reinstatement must be in the inverse order of placement on leave of absence. A teacher
4.10must not be reinstated to a position in a field in which the teacher holds only a provisional
4.11license, other than a vocational education license, while another teacher who holds a
4.12nonprovisional license in the same field remains on unrequested leave. The order of
4.13reinstatement of teachers who have equal seniority and who are placed on unrequested
4.14leave in the same school year is negotiable;.
4.15(f) (g) Appointment of a new teacher must not be made while there is available, on
4.16unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
4.17teacher fails to advise the school board within 30 days of the date of notification that a
4.18position is available to that teacher who may return to employment and assume the duties
4.19of the position to which appointed on a future date determined by the board;.
4.20(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
4.21or any other occupation during the period of this leave;.
4.22(h) (i) The unrequested leave of absence must not impair the continuing contract
4.23rights of a teacher or result in a loss of credit for previous years of service;.
4.24(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested
4.25leave of absence and who is not reinstated shall continue for a period of five years, after
4.26which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
4.27also terminate if the teacher fails to file with the board by April 1 of any year a written
4.28statement requesting reinstatement;.
4.29(j) (k) The same provisions applicable to terminations of probationary or continuing
4.30contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
4.31absence;.
4.32(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers
4.33placed on unrequested leave of absence to receive unemployment benefits if otherwise
4.34eligible.
4.35EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
4.36collective bargaining agreements ratified or modified after that date.
5.1 Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
5.2 Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
5.3indicates that a different meaning is intended, the following words, terms, and phrases, for
5.4the purposes of the following subdivisions in this section shall be defined as follows:
5.5(a) Teachers. The term "teacher" includes every person regularly employed, as a
5.6principal, or to give instruction in a classroom, or to superintend or supervise classroom
5.7instruction, or as placement teacher and visiting teacher. Persons regularly employed as
5.8counselors and school librarians shall be covered by these sections as teachers if licensed
5.9as teachers or as school librarians.
5.10(b) School board. The term "school board" includes a majority in membership
5.11of any and all boards or official bodies having the care, management, or control over
5.12public schools.
5.13(c) Demote. The word "demote" means to reducein rank or to transfer to a lower
5.14branch of the service or to a position carrying a lower salary or the compensation a person
5.15actually receives in the new position.
5.16(d) Nonprovisional license. For purposes of this section, "nonprovisional license"
5.17shall mean an entrance, continuing, or life license.
5.18EFFECTIVE DATE.This section is effective the day following final enactment.
5.19 Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
5.20 Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
5.21the public schools in cities of the first class during the first three years of consecutive
5.22employment shall be deemed to be in a probationary period of employment during which
5.23period any annual contract with any teacher may, or may not, be renewed as the school
5.24board, after consulting with the peer review committee charged with evaluating the
5.25probationary teachers under subdivision 3, shall see fit. The school site management team
5.26or the school board if there is no school site management team, shall adopt a plan for a
5.27written evaluation of teachers during the probationary period according to subdivision
5.283. Evaluation by the peer review committee charged with evaluating probationary
5.29teachers under subdivision 3 shall occur at least three times periodically throughout each
5.30school yearfor a teacher performing services on 120 or more school days, at least two
5.31times each year for a teacher performing services on 60 to 119 school days, and at least
5.32one time each year for a teacher performing services on fewer than 60 school days. Days
5.33devoted to parent-teacher conferences, teachers' workshops, and other staff development
5.34opportunities and days on which a teacher is absent from school shall not be included in
5.35determining the number of school days on which a teacher performs services. The school
6.1board may, during such probationary period, discharge or demote a teacher for any of the
6.2causes as specified in this code. A written statement of the cause of such discharge or
6.3demotion shall be given to the teacher by the school board at least 30 days before such
6.4removal or demotion shall become effective, and the teacher so notified shall have no
6.5right of appeal therefrom.
6.6(b) A probationary teacher whose first three years of consecutive employment are
6.7interrupted for active military service and who promptly resumes teaching consistent with
6.8federal reemployment timelines for uniformed service personnel under United States
6.9Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
6.10for purposes of paragraph (a).
6.11(c) A probationary teacher must completeat least 60 120 days of teaching service
6.12each year during the probationary period. Days devoted to parent-teacher conferences,
6.13teachers' workshops, and other staff development opportunities and days on which a
6.14teacher is absent from school do not count as days of teaching service under this paragraph.
6.15EFFECTIVE DATE.This section is effective the day following final enactment.
6.16 Sec. 6. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
6.17 Subd. 5a. Probationary period for principals hired internally.A board and the
6.18exclusive representative of the school principals in the district may negotiate a plan for A
6.19probationary period ofup to two school years is required for licensed teachers employed
6.20by the board who are subsequently employed by the board as a licensed school principal
6.21or assistant principal and an additional probationary period ofup to two years is required
6.22for licensed assistant principals employed by the board who are subsequently employed
6.23by the board as a licensed school principal. A licensed teacher subsequently employed by
6.24the board as a licensed school principal or assistant principal retains his or her continuing
6.25contract status as a licensed teacher during the probationary period under this subdivision
6.26and has the right to return to his or her previous position or an equivalent position, if
6.27available, if the teacher is not promoted.
6.28EFFECTIVE DATE.This section is effective the day following final enactment.
6.29 Sec. 7. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
6.30 Subd. 10. Decision, when rendered. The hearing must be concluded and a decision
6.31in writing, stating the grounds on which it is based, rendered within 25 days after giving of
6.32such notice. Where the hearing is before a school board the teacher may be discharged
6.33or demoted upon the affirmative vote of a majority of the members of the board. If the
7.1charges, or any of such, are found to be true, the board conducting the hearing must
7.2discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
7.3A teacher must not be discharged for either of the causes specified in subdivision 6, clause
7.4(3), except during the school year, and then only upon charges filed at least four months
7.5before the close of the school sessions of such school year.
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
7.7 Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
7.8 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
7.9given. (a)A teacher whose services are terminated on account of discontinuance of
7.10position or lack of pupils must receive first consideration for other positions in the district
7.11for which that teacher is qualified. In the event it becomes necessary to discontinue
7.12one or more positions, in making such discontinuance, teachers must receive first
7.13consideration for other positions in the district for which that teacher is qualified and must
7.14be discontinuedin any department in the inverse order in which they were employed,
7.15unless a board and the exclusive representative of teachers in the district negotiate a
7.16plan providing otherwise.
7.17(b) The board may exempt from the effects of paragraph (a) those teachers who
7.18teach in a Montessori or a language immersion program or provide instruction in an
7.19advanced placement course and who, in the superintendent's judgment, meet a unique
7.20need in delivering curriculum. However, within the Montessori or language immersion
7.21program, a teacher shall be discontinued based on the inverse order in which the teacher
7.22was employed.
7.23(b) (c) Notwithstanding the provisions of clause (a), a teacher is not entitled to
7.24exercise any seniority when that exercise results in that teacher being retained by the
7.25district in a field for which the teacher holds only a provisional license, as defined by the
7.26Board of Teaching, unless that exercise of seniority results in the termination of services,
7.27on account of discontinuance of position or lack of pupils, of another teacher who also
7.28holds a provisional license in the same field. The provisions of this clause do not apply
7.29to vocational education licenses.
7.30(c) (d) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
7.31to a position in a field in which the teacher holds only a provisional license, other than a
7.32vocational education license, while another teacher who holds a nonprovisional license in
7.33the same field is available for reinstatement.
1.3and principal status;amending Minnesota Statutes 2010, sections 122A.40,
1.4subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 1, 2, 5a,
1.510, 14.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to
1.8read:
1.9 Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's
1.10first teaching experience in Minnesota in a single district is deemed to be a probationary
1.11period of employment, and
1.12district in which the teacher is thereafter employed also shall be
1.13years of teaching experience except that for purposes of this provision, the probationary
1.14period for principals and assistant principals shall be two consecutive years. The school
1.15board must adopt a plan for written evaluation of teachers during the probationary period.
1.16Evaluation must occur at least three times periodically throughout each school year for a
1.17teacher performing services
1.18
1.19
1.20devoted to parent-teacher conferences, teachers' workshops, and other staff development
1.21opportunities and days on which a teacher is absent from school must not be included in
1.22determining the number of school days on which a teacher performs services. Except as
1.23otherwise provided in paragraph (b), during the probationary period any annual contract
1.24with any teacher may or may not be renewed as the school board shall see fit. However,
1.25the board must give any such teacher whose contract it declines to renew for the following
2.1school year written notice to that effect before
2.2for any nonrenewal of a teaching contract, the board must give the teacher its reason in
2.3writing, including a statement that appropriate supervision was furnished describing the
2.4nature and the extent of such supervision furnished the teacher during the employment
2.5by the board, within ten days after receiving such request. The school board may, after
2.6a hearing held upon due notice, discharge a teacher during the probationary period for
2.7cause, effective immediately, under section
2.8(b) A board must discharge a probationary teacher, effective immediately, upon
2.9receipt of notice under section
2.10license has been revoked due to a conviction for child abuse or sexual abuse.
2.11(c) A probationary teacher whose first three years of consecutive employment in
2.12a district are interrupted for active military service and who promptly resumes teaching
2.13consistent with federal reemployment timelines for uniformed service personnel under
2.14United States Code, title 38, section 4312(e), is considered to have a consecutive teaching
2.15experience for purposes of paragraph (a).
2.16(d) A probationary teacher must complete
2.17each year during the probationary period. Days devoted to parent-teacher conferences,
2.18teachers' workshops, and other staff development opportunities and days on which a
2.19teacher is absent from school do not count as days of teaching service under this paragraph.
2.20EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
2.21probationary teacher employment contracts ratified or modified after that date.
2.22 Sec. 2. Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
2.23to read:
2.24 Subd. 8a. Probationary period for principals hired internally. A probationary
2.25period of two school years is required for a licensed teacher employed by the board who is
2.26subsequently employed by the board as a licensed school principal or assistant principal
2.27and an additional probationary period of two years is required for a licensed assistant
2.28principal employed by the board who is subsequently employed by the board as a licensed
2.29principal. A licensed teacher subsequently employed by the board as a licensed school
2.30principal or assistant principal retains the teacher's continuing contract status as a licensed
2.31teacher during the probationary period under this subdivision and has the right to return
2.32to his or her previous position or an equivalent position, if available, if the teacher is
2.33not promoted.
3.1EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
3.2contracts for internally hired licensed school principals and assistant principals ratified or
3.3modified after that date.
3.4 Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
3.5 Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
3.6leave of absence, without pay or fringe benefits, as many teachers as may be necessary
3.7because of discontinuance of position, lack of pupils, financial limitations, or merger of
3.8classes caused by consolidation of districts. The unrequested leave is effective at the close
3.9of the school year. In placing teachers on unrequested leave, the board may exempt from
3.10the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or a language
3.11immersion program, provide instruction in an advanced placement course, or hold a
3.12kindergarten through grade 12 instrumental vocal classroom music license and currently
3.13serve as a choir, band or orchestra director and who, in the superintendent's judgment,
3.14meet a unique need in delivering curriculum. However, within the Montessori or language
3.15immersion program, a teacher must be placed on unrequested leave of absence consistent
3.16with paragraphs (b) to (g).
3.17
3.18the inverse order of their employment. A teacher who has acquired continuing contract
3.19rights must not be placed on unrequested leave of absence while probationary teachers
3.20are retained in positions for which the teacher who has acquired continuing contract
3.21rights is licensed
3.22
3.23unrequested leave of absence in fields in which they are licensed in the inverse order
3.24in which they were employed by the school district. In the case of equal seniority, the
3.25order in which teachers who have acquired continuing contract rights shall be placed on
3.26unrequested leave of absence in fields in which they are licensed is negotiable
3.27
3.28entitled to exercise any seniority when that exercise results in that teacher being retained
3.29by the district in a field for which the teacher holds only a provisional license, as defined
3.30by the board of teaching, unless that exercise of seniority results in the placement on
3.31unrequested leave of absence of another teacher who also holds a provisional license in the
3.32same field. The provisions of this clause do not apply to vocational education licenses
3.33
3.34placing of a probationary teacher on unrequested leave before a teacher who has acquired
3.35continuing rights, the placing of a teacher who has acquired continuing contract rights
4.1on unrequested leave before another teacher who has acquired continuing contract rights
4.2but who has greater seniority, or the restriction imposed by the provisions of
4.3paragraph (d) would place the district in violation of its affirmative action program,
4.4the district may retain the probationary teacher, the teacher with less seniority, or the
4.5provisionally licensed teacher
4.6
4.7the positions from which they have been given leaves of absence or, if not available,
4.8to other available positions in the school district in fields in which they are licensed.
4.9Reinstatement must be in the inverse order of placement on leave of absence. A teacher
4.10must not be reinstated to a position in a field in which the teacher holds only a provisional
4.11license, other than a vocational education license, while another teacher who holds a
4.12nonprovisional license in the same field remains on unrequested leave. The order of
4.13reinstatement of teachers who have equal seniority and who are placed on unrequested
4.14leave in the same school year is negotiable
4.15
4.16unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
4.17teacher fails to advise the school board within 30 days of the date of notification that a
4.18position is available to that teacher who may return to employment and assume the duties
4.19of the position to which appointed on a future date determined by the board
4.20
4.21or any other occupation during the period of this leave
4.22
4.23rights of a teacher or result in a loss of credit for previous years of service
4.24
4.25leave of absence and who is not reinstated shall continue for a period of five years, after
4.26which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
4.27also terminate if the teacher fails to file with the board by April 1 of any year a written
4.28statement requesting reinstatement
4.29
4.30contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
4.31absence
4.32
4.33placed on unrequested leave of absence to receive unemployment benefits if otherwise
4.34eligible.
4.35EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
4.36collective bargaining agreements ratified or modified after that date.
5.1 Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
5.2 Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
5.3indicates that a different meaning is intended, the following words, terms, and phrases, for
5.4the purposes of the following subdivisions in this section shall be defined as follows:
5.5(a) Teachers. The term "teacher" includes every person regularly employed, as a
5.6principal, or to give instruction in a classroom, or to superintend or supervise classroom
5.7instruction, or as placement teacher and visiting teacher. Persons regularly employed as
5.8counselors and school librarians shall be covered by these sections as teachers if licensed
5.9as teachers or as school librarians.
5.10(b) School board. The term "school board" includes a majority in membership
5.11of any and all boards or official bodies having the care, management, or control over
5.12public schools.
5.13(c) Demote. The word "demote" means to reduce
5.14
5.15actually receives in the new position.
5.16(d) Nonprovisional license. For purposes of this section, "nonprovisional license"
5.17shall mean an entrance, continuing, or life license.
5.18EFFECTIVE DATE.This section is effective the day following final enactment.
5.19 Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
5.20 Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
5.21the public schools in cities of the first class during the first three years of consecutive
5.22employment shall be deemed to be in a probationary period of employment during which
5.23period any annual contract with any teacher may, or may not, be renewed as the school
5.24board, after consulting with the peer review committee charged with evaluating the
5.25probationary teachers under subdivision 3, shall see fit. The school site management team
5.26or the school board if there is no school site management team, shall adopt a plan for a
5.27written evaluation of teachers during the probationary period according to subdivision
5.283. Evaluation by the peer review committee charged with evaluating probationary
5.29teachers under subdivision 3 shall occur at least three times periodically throughout each
5.30school year
5.31
5.32
5.33devoted to parent-teacher conferences, teachers' workshops, and other staff development
5.34opportunities and days on which a teacher is absent from school shall not be included in
5.35determining the number of school days on which a teacher performs services. The school
6.1board may, during such probationary period, discharge or demote a teacher for any of the
6.2causes as specified in this code. A written statement of the cause of such discharge or
6.3demotion shall be given to the teacher by the school board at least 30 days before such
6.4removal or demotion shall become effective, and the teacher so notified shall have no
6.5right of appeal therefrom.
6.6(b) A probationary teacher whose first three years of consecutive employment are
6.7interrupted for active military service and who promptly resumes teaching consistent with
6.8federal reemployment timelines for uniformed service personnel under United States
6.9Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
6.10for purposes of paragraph (a).
6.11(c) A probationary teacher must complete
6.12each year during the probationary period. Days devoted to parent-teacher conferences,
6.13teachers' workshops, and other staff development opportunities and days on which a
6.14teacher is absent from school do not count as days of teaching service under this paragraph.
6.15EFFECTIVE DATE.This section is effective the day following final enactment.
6.16 Sec. 6. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
6.17 Subd. 5a. Probationary period for principals hired internally.
6.18
6.19probationary period of
6.20by the board who are subsequently employed by the board as a licensed school principal
6.21or assistant principal and an additional probationary period of
6.22for licensed assistant principals employed by the board who are subsequently employed
6.23by the board as a licensed school principal. A licensed teacher subsequently employed by
6.24the board as a licensed school principal or assistant principal retains his or her continuing
6.25contract status as a licensed teacher during the probationary period under this subdivision
6.26and has the right to return to his or her previous position or an equivalent position, if
6.27available, if the teacher is not promoted.
6.28EFFECTIVE DATE.This section is effective the day following final enactment.
6.29 Sec. 7. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
6.30 Subd. 10. Decision, when rendered. The hearing must be concluded and a decision
6.31in writing, stating the grounds on which it is based, rendered within 25 days after giving of
6.32such notice. Where the hearing is before a school board the teacher may be discharged
6.33or demoted upon the affirmative vote of a majority of the members of the board. If the
7.1charges, or any of such, are found to be true, the board conducting the hearing must
7.2discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
7.3
7.4
7.5
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
7.7 Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
7.8 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
7.9given. (a)
7.10
7.11
7.12one or more positions, in making such discontinuance, teachers must receive first
7.13consideration for other positions in the district for which that teacher is qualified and must
7.14be discontinued
7.15unless a board and the exclusive representative of teachers in the district negotiate a
7.16plan providing otherwise.
7.17(b) The board may exempt from the effects of paragraph (a) those teachers who
7.18teach in a Montessori or a language immersion program or provide instruction in an
7.19advanced placement course and who, in the superintendent's judgment, meet a unique
7.20need in delivering curriculum. However, within the Montessori or language immersion
7.21program, a teacher shall be discontinued based on the inverse order in which the teacher
7.22was employed.
7.23
7.24exercise any seniority when that exercise results in that teacher being retained by the
7.25district in a field for which the teacher holds only a provisional license, as defined by the
7.26Board of Teaching, unless that exercise of seniority results in the termination of services,
7.27on account of discontinuance of position or lack of pupils, of another teacher who also
7.28holds a provisional license in the same field. The provisions of this clause do not apply
7.29to vocational education licenses.
7.30
7.31to a position in a field in which the teacher holds only a provisional license, other than a
7.32vocational education license, while another teacher who holds a nonprovisional license in
7.33the same field is available for reinstatement.
