HF 3080

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 02:55pm

A bill for an act
relating to education; clarifying definition of continuing employment for
probationary teachers; amending Minnesota Statutes 2012, sections 122A.40,
subdivision 5; 122A.41, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, 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, the probationary period in each district in which the teacher is
thereafter employed shall be one year. The school board must adopt a plan for written
evaluation of teachers during the probationary period that is consistent with subdivision 8.
Evaluation must occur at least three times periodically throughout each school year for a
teacher performing services during that school year; the first evaluation must occur within
the first 90 days of teaching service. 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 July 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license has been revoked due to a conviction for child abuse or sexual abuse.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 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) new text begin A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a).
new text end

new text begin (e) new text end A probationary teacher must complete at least 120 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 retroactively from January 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2012, 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 subdivisions 3
and 5. Evaluation by the peer review committee charged with evaluating probationary
teachers under subdivision 3 shall occur at least three times periodically throughout each
school year for a teacher performing services during that school year; the first evaluation
must occur within the first 90 days of teaching service. 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) new text begin A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a).
new text end

new text begin (d) new text end A probationary teacher must complete at least 120 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 retroactively from January 1, 2013.
new text end