Minnesota Legislature
HF 575
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/14/2011 03:09pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/17/2011 | |
| 1st Engrossment | Posted on 04/14/2011 |
Current Version - 1st Engrossment
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A bill for an act
relating to education; clarifying requirements governing probationary teacher
and principal status; amending Minnesota Statutes 2010, sections 122A.40,
subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 1, 2, 5a,
10, 14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to
read:
Subd. 5.
Probationary period.
(a) The first three consecutive years of a teacher's
first teaching experience in Minnesota in a single district is deemed to be a probationary
period of employment, and deleted text begin after completion thereof,deleted text end the probationary period in each
district in which the teacher is thereafter employed new text begin also new text end shall be deleted text begin one yeardeleted text end new text begin three consecutive
years of teaching experience except that for purposes of this provision, the probationary
period for principals and assistant principals shall be two consecutive yearsnew text end . The school
board must adopt a plan for written evaluation of teachers during the probationary period.
Evaluation must occur at least three times new text begin periodically throughout new text end each new text begin school new text end year for a
teacher performing services deleted text begin on 120 or more school days, at least two times each year for a
teacher performing services on 60 to 119 school days, and at least one time each year for a
teacher performing services on fewer than 60 school daysdeleted text end new text begin during that school yearnew text end . Days
devoted to parent-teacher conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school must not be included in
determining the number of school days on which a teacher performs services. Except as
otherwise provided in paragraph (b), during the probationary period any annual contract
with any teacher may or may not be renewed as the school board shall see fit. However,
the board must give any such teacher whose contract it declines to renew for the following
school year written notice to that effect before deleted text begin Julydeleted text end new text begin Junenew text end 1. If the teacher requests reasons
for any nonrenewal of a teaching contract, the board must give the teacher its reason in
writing, including a statement that appropriate supervision was furnished describing the
nature and the extent of such supervision furnished the teacher during the employment
by the board, within ten days after receiving such request. The school board may, after
a hearing held upon due notice, discharge a teacher during the probationary period for
cause, effective immediately, under section 122A.44.
(b) A board must discharge a probationary teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment new text begin in
a district new text end are interrupted for active military service and who promptly resumes teaching
consistent with federal reemployment timelines for uniformed service personnel under
United States Code, title 38, section 4312(e), is considered to have a consecutive teaching
experience for purposes of paragraph (a).
(d) A probationary teacher must complete deleted text begin at least 60deleted text end new text begin 120new text end days of teaching service
each year during the probationary period. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on which a
teacher is absent from school do not count as days of teaching service under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 30, 2011, and applies to all
probationary teacher employment contracts ratified or modified after that date.
new text end
Sec. 2.
Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Probationary period for principals hired internally. new text end
new text begin
A probationary
period of two school years is required for a licensed teacher employed by the board who is
subsequently employed by the board as a licensed school principal or assistant principal
and an additional probationary period of two years is required for a licensed assistant
principal employed by the board who is subsequently employed by the board as a licensed
principal. A licensed teacher subsequently employed by the board as a licensed school
principal or assistant principal retains the teacher's continuing contract status as a licensed
teacher during the probationary period under this subdivision and has the right to return
to his or her previous position or an equivalent position, if available, if the teacher is
not promoted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 30, 2011, and applies to all
contracts for internally hired licensed school principals and assistant principals ratified or
modified after that date.
new text end
Sec. 3.
Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
Subd. 11.
Unrequested leave of absence.
new text begin (a) new text end The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger of
classes caused by consolidation of districts. The unrequested leave is effective at the close
of the school year. In placing teachers on unrequested leave, new text begin the board may exempt from
the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or a language
immersion program, provide instruction in an advanced placement course, or hold a
kindergarten through grade 12 instrumental vocal classroom music license and currently
serve as a choir, band or orchestra director and who, in the superintendent's judgment,
meet a unique need in delivering curriculum. However, within the Montessori or language
immersion program, a teacher must be placed on unrequested leave of absence consistent
with paragraph (c). new text end The board is governed by the deleted text begin followingdeleted text end provisionsdeleted text begin :deleted text end new text begin new text end new text begin of paragraphs
(b) to (g), consistent with this paragraph.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end The board may place probationary teachers on unrequested leave first in
the inverse order of their employment. A teacher who has acquired continuing contract
rights must not be placed on unrequested leave of absence while probationary teachers
are retained in positions for which the teacher who has acquired continuing contract
rights is licenseddeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the inverse order
in which they were employed by the school district. In the case of equal seniority, the
order in which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiabledeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Notwithstanding the provisions of deleted text begin clause (b)deleted text end new text begin paragraph (c)new text end , a teacher is not
entitled to exercise any seniority when that exercise results in that teacher being retained
by the district in a field for which the teacher holds only a provisional license, as defined
by the board of teaching, unless that exercise of seniority results in the placement on
unrequested leave of absence of another teacher who also holds a provisional license in the
same field. The provisions of this clause do not apply to vocational education licensesdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (d)deleted text end new text begin (e)new text end Notwithstanding deleted text begin clauses (a), (b) and (c)deleted text end new text begin paragraphs (b), (c), and (d)new text end , if the
placing of a probationary teacher on unrequested leave before a teacher who has acquired
continuing rights, the placing of a teacher who has acquired continuing contract rights
on unrequested leave before another teacher who has acquired continuing contract rights
but who has greater seniority, or the restriction imposed by the provisions of deleted text begin clause (c)deleted text end new text begin
paragraph (d)new text end would place the district in violation of its affirmative action program,
the district may retain the probationary teacher, the teacher with less seniority, or the
provisionally licensed teacherdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (e)deleted text end new text begin (f)new text end Teachers placed on unrequested leave of absence must be reinstated to
the positions from which they have been given leaves of absence or, if not available,
to other available positions in the school district in fields in which they are licensed.
Reinstatement must be in the inverse order of placement on leave of absence. A teacher
must not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are placed on unrequested
leave in the same school year is negotiabledeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (f)deleted text end new text begin (g)new text end Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the boarddeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (g)deleted text end new text begin (h)new text end A teacher placed on unrequested leave of absence may engage in teaching
or any other occupation during the period of this leavedeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (h)deleted text end new text begin (i)new text end The unrequested leave of absence must not impair the continuing contract
rights of a teacher or result in a loss of credit for previous years of servicedeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (i)deleted text end new text begin (j)new text end The unrequested leave of absence of a teacher who is placed on unrequested
leave of absence and who is not reinstated shall continue for a period of five years, after
which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
also terminate if the teacher fails to file with the board by April 1 of any year a written
statement requesting reinstatementdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (j)deleted text end new text begin (k)new text end The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
absencedeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (k)deleted text end new text begin (l)new text end Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
eligible.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 30, 2011, and applies to all
collective bargaining agreements ratified or modified after that date.
new text end
Sec. 4.
Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
Subdivision 1.
Words, terms, and phrases.
Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of the following subdivisions in this section shall be defined as follows:
(a) Teachers. The term "teacher" includes every person regularly employed, as a
principal, or to give instruction in a classroom, or to superintend or supervise classroom
instruction, or as placement teacher and visiting teacher. Persons regularly employed as
counselors and school librarians shall be covered by these sections as teachers if licensed
as teachers or as school librarians.
(b) School board. The term "school board" includes a majority in membership
of any and all boards or official bodies having the care, management, or control over
public schools.
(c) Demote. The word "demote" means to reduce deleted text begin in rank or to transfer to a lower
branch of the service or to a position carrying a lower salary ordeleted text end new text begin thenew text end compensationnew text begin a person
actually receives in the new positionnew text end .
(d) Nonprovisional license. For purposes of this section, "nonprovisional license"
shall mean an entrance, continuing, or life license.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
Subd. 2.
Probationary period; discharge or demotion.
(a) All teachers in
the public schools in cities of the first class during the first three years of consecutive
employment shall be deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be renewed as the school
board, after consulting with the peer review committee charged with evaluating the
probationary teachers under subdivision 3, shall see fit. The school site management team
or the school board if there is no school site management team, shall adopt a plan for a
written evaluation of teachers during the probationary period according to subdivision
3. Evaluation by the peer review committee charged with evaluating probationary
teachers under subdivision 3 shall occur at least three times new text begin periodically throughout new text end each
new text begin school new text end year deleted text begin for a teacher performing services on 120 or more school days, at least two
times each year for a teacher performing services on 60 to 119 school days, and at least
one time each year for a teacher performing services on fewer than 60 school daysdeleted text end . Days
devoted to parent-teacher conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school shall not be included in
determining the number of school days on which a teacher performs services. The school
board may, during such probationary period, discharge or demote a teacher for any of the
causes as specified in this code. A written statement of the cause of such discharge or
demotion shall be given to the teacher by the school board at least 30 days before such
removal or demotion shall become effective, and the teacher so notified shall have no
right of appeal therefrom.
(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).
(c) A probationary teacher must complete deleted text begin at least 60deleted text end new text begin 120new text end days of teaching service
each year during the probationary period. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on which a
teacher is absent from school do not count as days of teaching service under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
Subd. 5a.
Probationary period for principals hired internally.
A deleted text begin board and the
exclusive representative of the school principals in the district may negotiate a plan for adeleted text end
probationary period of deleted text begin up todeleted text end two school yearsnew text begin is requirednew text end for licensed teachers employed
by the board who are subsequently employed by the board as a licensed school principal
or assistant principal and an additional probationary period of deleted text begin up todeleted text end two years new text begin is required
new text end for licensed assistant principals employed by the board who are subsequently employed
by the board as a licensed school principal.new text begin A licensed teacher subsequently employed by
the board as a licensed school principal or assistant principal retains his or her continuing
contract status as a licensed teacher during the probationary period under this subdivision
and has the right to return to his or her previous position or an equivalent position, if
available, if the teacher is not promoted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
Subd. 10.
Decision, when rendered.
The hearing must be concluded and a decision
in writing, stating the grounds on which it is based, rendered within 25 days after giving of
such notice. Where the hearing is before a school board the teacher may be discharged
or demoted upon the affirmative vote of a majority of the members of the board. If the
charges, or any of such, are found to be true, the board conducting the hearing must
discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
deleted text begin A teacher must not be discharged for either of the causes specified in subdivision 6, clause
(3), except during the school year, and then only upon charges filed at least four months
before the close of the school sessions of such school year.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
Subd. 14.
Services terminated by discontinuance or lack of pupils; preference
given.
(a) deleted text begin A teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions in the district
for which that teacher is qualified.deleted text end In the event it becomes necessary to discontinue
one or more positions, in making such discontinuance, teachers must new text begin receive first
consideration for other positions in the district for which that teacher is qualified and must
new text end be discontinued deleted text begin in any departmentdeleted text end in the inverse order in which they were employed,
unless a board and the exclusive representative of teachers in the district negotiate a
plan providing otherwise.
new text begin
(b) The board may exempt from the effects of paragraph (a) those teachers who
teach in a Montessori or a language immersion program or provide instruction in an
advanced placement course and who, in the superintendent's judgment, meet a unique
need in delivering curriculum. However, within the Montessori or language immersion
program, a teacher shall be discontinued based on the inverse order in which the teacher
was employed.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Notwithstanding the provisions of deleted text begin clausedeleted text end new text begin paragraphnew text end (a), a teacher is not
entitled to exercise any seniority when that exercise results in that teacher being retained
by the district in a field for which the teacher holds only a provisional license, as defined
by the Board of Teaching, unless that exercise of seniority results in the termination of
services, on account of discontinuance of position or lack of pupils, of another teacher
who also holds a provisional license in the same field. The provisions of this deleted text begin clausedeleted text end new text begin
paragraphnew text end do not apply to vocational education licenses.
deleted text begin (c)deleted text end new text begin (d)new text end Notwithstanding the provisions of deleted text begin clausedeleted text end new text begin paragraphnew text end (a), a teacher must
not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field is available for reinstatement.