Minnesota Legislature
HF 1194
as introduced - 87th Legislature (2011 - 2012) Posted on 03/17/2011 09:55am
Current Version - as introduced
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A bill for an act
relating to education; clarifying teacher due process procedures; amending
Minnesota Statutes 2010, sections 122A.40, subdivisions 9, 13, 14; 122A.41,
subdivisions 7, 12, 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to
read:
Subd. 9.
Grounds for termination.
A continuing contract may be terminated,
effective at the close of the school year, upon any of the following grounds:
(a) Inefficiency;
(b) Neglect of duty, or persistent violation of school laws, rules, regulations, or
directives;
(c) Conduct unbecoming a teacher which materially impairs the teacher's educational
effectiveness;
(d) Other good and sufficient grounds rendering the teacher unfit to perform the
teacher's duties.
A contract must not be terminated upon one of the grounds specified in clause (a),
(b), (c), or (d), unless the teacher fails to correct the deficiency after being given written
notice of the specific items of complaint and deleted text begin reasonable time within whichdeleted text end new text begin 180 days
after receiving the noticenew text end to remedy them.
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. 2.
Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to read:
Subd. 13.
Immediate discharge.
(a) Except as otherwise provided in paragraph
(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
of the following grounds:
(1) immoral conduct, insubordination, or conviction of a felony;
(2) conduct unbecoming a teacher which requires the immediate removal of the
teacher from classroom or other duties;
(3) failure without justifiable cause to teach without first securing the written release
of the school board;
(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;
(5) willful neglect of duty; or
(6) continuing physical or mental disability subsequent to a 12 months leave of
absence and inability to qualify for reinstatement in accordance with subdivision 12.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.
Prior to discharging a teacher under this paragraph, the board must notify the teacher
in writing and state its ground for the proposed discharge in reasonable detail. Within
deleted text begin tendeleted text end new text begin fivenew text end days after receipt of this notification the teacher may make a written request for a
hearing before the board and it shall be granted before final action is taken. The board may,
however, suspend a teacher with pay deleted text begin pendingdeleted text end new text begin only for the first 30 days of the suspension
from regular duty. Ifnew text end the conclusion of such hearing and determination of the issues raised
in the hearing after charges have been filed deleted text begin whichdeleted text end constitute ground for dischargenew text begin , the
board may in its discretion determine the teacher's salary or compensation as of the time
of filing charges against the teacher, but must subtract the amount of any payment made
to the teacher during the first 30 days of suspension. If the determination of the issues is
favorable to the teacher, the board must not abate the teacher's salary or compensationnew text end .
(b) A board must discharge a continuing-contract 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2011, and applies to
all discharge actions initiated by the board after that date.
new text end
Sec. 3.
Minnesota Statutes 2010, section 122A.40, subdivision 14, is amended to read:
Subd. 14.
Hearing procedures.
Any hearing held pursuant to this section must be
held deleted text begin upondeleted text end new text begin within 20 calendar days after the board gives the teachernew text end appropriate and timely
notice deleted text begin to the teacherdeleted text end , and any hearing held pursuant to subdivision 9 or 13 must be private
or public at the discretion of the teacher. A hearing held pursuant to subdivision 11 must
be public and may be consolidated by the school board. At the hearing, the board and
the teacher may each be represented by counsel at each party's own expense, and such
counsel may examine and cross-examine witnesses and present arguments. The board
must first present evidence to sustain the grounds for termination or discharge and then
receive evidence presented by the teacher. Each party may then present rebuttal evidence.
Dismissal of the teacher must be based upon substantial and competent evidence in the
record. All witnesses shall be sworn upon oath administered by the presiding officer of the
board. The clerk of the board shall issue subpoenas for witnesses or the production of
records pertinent to the grounds upon the request of either the board or the teacher. The
board must employ a court reporter to record the proceedings at the hearing, and either
party may obtain a transcript of the hearing at its own expense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2011, and applies
to all hearings requested after that date.
new text end
Sec. 4.
Minnesota Statutes 2010, section 122A.41, subdivision 7, is amended to read:
Subd. 7.
Hearing of charges against teacher.
The charges against a teacher
must be in writing and signed by the person making the same and then filed with the
secretary or clerk of the school board having charge of the school in which the teacher
is employed. Before the school board discharges or demotes a teacher, the board must
notify the teacher in writing and state in reasonable detail its grounds for the proposed
discharge or demotion, together with a statement that the teacher may request in writing
within deleted text begin tendeleted text end new text begin fivenew text end days after receiving the notice a hearing before the board. The board may
have the notice served personally or may send it by certified mail addressed to the teacher
at the teacher's last known post office address. The teacher, under subdivision 13, also
may elect a hearing before an arbitrator instead of the school board. Within deleted text begin tendeleted text end new text begin fivenew text end days
after receiving the notice the teacher may request in writing a hearing before the board or
an arbitrator and it shall be granted. new text begin The hearing must be held within 20 calendar days
after the teacher's request for a hearing is granted. new text end The teacher must be given reasonable
notice of the time and place of the hearing before final action is taken. A teacher who fails
to request a hearing within deleted text begin tendeleted text end new text begin fivenew text end days is considered to acquiesce in the board's action.
If the charge is made by a person not connected with the school system the charge may
be disregarded by the school board. If the grounds are those specified in subdivision 6,
clause (1), (2), (3), or (4), the notice must also state a teacher may request arbitration
under subdivision 13. At the hearing, the school board or arbitrator shall hear all evidence
that may be adduced in support of the charges and for the teacher's defense to the charges.
Either party has the right to have a written record of the hearing at the expense of the board
and to have witnesses subpoenaed and all witnesses so subpoenaed must be examined
under oath. Any member of the school board conducting such a hearing has authority to
issue subpoenas and to administer oaths to witnesses.
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. 5.
Minnesota Statutes 2010, section 122A.41, subdivision 12, is amended to read:
Subd. 12.
Suspension pending hearing; salary.
After charges are filed against
a teacher, the school board may suspend the teacher from regular duty. new text begin The board may
suspend the teacher with pay only for the first 30 days of the suspension. new text end If the teacher is
suspended or removed after the final decision, the board may in its discretion determine
the teacher's salary or compensation as of the time of filing the chargesnew text begin but must subtract
the amount of any payment made to the teacher during the first 30 days of the teacher's
suspensionnew text end . If the final decision is favorable to the teacher, the board must not abate the
teacher's salary or compensation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2011, and applies to
all discharge actions initiated by the board after that date.
new text end
Sec. 6.
Minnesota Statutes 2010, section 122A.41, subdivision 13, is amended to read:
Subd. 13.
Hearing and determination by arbitrator.
A teacher against whom
charges have been filed alleging any cause for discharge or demotion specified in
subdivision 6, clause (1), (2), (3), or (4), may elect a hearing before an arbitrator instead of
the school board. The hearing is governed by this subdivision.
(a) The teacher must make a written request for a hearing before an arbitrator
within deleted text begin tendeleted text end new text begin fivenew text end days after receiving a written notice of the filing of charges required by
subdivision 7. Failure to request a hearing before an arbitrator during this period is
considered acquiescence to the board's action.
(b) If the teacher and the school board are unable to mutually agree on an arbitrator,
the board must request from the Bureau of Mediation Services a list of five persons to
serve as an arbitrator. If the teacher and the school board are unable to mutually agree on
an arbitrator from the list provided, the parties shall alternately strike names from the list
until the name of one arbitrator remains. The person remaining after the striking procedure
must be the arbitrator. If the parties are unable to agree on who shall strike the first name,
the question must be decided by a flip of a coin. The teacher and the board must share
equally the costs and fees of the arbitrator.
(c) The arbitrator shall determine, by a preponderance of the evidence, whether the
causes specified in subdivision 6, clause (1), (2), (3), or (4), exist to support the proposed
discharge or demotion. A lesser penalty than discharge or demotion may be imposed by the
arbitrator only to the extent that either party proposes such lesser penalty in the proceeding.
In making the determination, the arbitration proceeding is governed by sections 572B.15
to 572B.28 and by the collective bargaining agreement applicable to the teacher.
(d) An arbitration hearing conducted under this subdivision is a meeting for
preliminary consideration of allegations or charges within the meaning of section 13D.05,
subdivision 3, paragraph (a), and must be closed, unless the teacher requests it to be open.
(e) The arbitrator's decision is final and binding on the parties, subject to sections
572B.18 to 572B.28.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2011, and applies to all
discharge and demotion actions initiated by the board after that date.
new text end