Minnesota Legislature
HF 3555
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/17/2022 02:18pm
Current Version - as introduced
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A bill for an act
relating to education; modifying unrequested leave of absence provisions for
teachers; amending Minnesota Statutes 2020, sections 122A.40, subdivisions 5,
10, by adding a subdivision; 122A.41, subdivisions 2, 14a, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, 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) 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) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.
(e) 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
(f) A board may renew a probationary teacher while placing teachers with continuing
contracts on unrequested leave of absence pursuant to a plan adopted under subdivisions
10 and 10a.
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. 2.
Minnesota Statutes 2020, section 122A.40, subdivision 10, is amended to read:
Subd. 10.
Negotiated unrequested leave of absence.
new text begin (a) new text end The school board and the
exclusive bargaining representative of the teachers must negotiate a plan providing for
unrequested leave of absence without pay or fringe benefits for 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.
new text begin
(b) A plan may include a process to exempt up to five percent of the teachers in the
district from unrequested leave of absence or nonrenewal regardless of a teacher's
probationary status or seniority if the plan meets the requirements of subdivision 10a and
if the board and the exclusive representative of the teachers agree in writing to the process
by October 1 of each school year.
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. 3.
Minnesota Statutes 2020, section 122A.40, is amended by adding a subdivision to
read:
new text begin Subd. 10a. new text end
new text begin Unrequested leave of absence exemption process. new text end
new text begin
(a) A plan to exempt
up to five percent of the teachers in the district from unrequested leave of absence or
nonrenewal must establish a committee to select teachers to receive the exemption. The
committee must have an equal number of representatives selected by the superintendent
and the exclusive representative. The committee must have at least three representatives
appointed by the superintendent and three representatives appointed by the exclusive
representative. School districts and exclusive representatives are strongly encouraged to
include members of underrepresented communities as committee representatives. The
committee must complete comprehensive antiracism training conducted by a training provider
approved by the Professional Educator Licensing and Standards Board before beginning
the selection process.
new text end
new text begin
(b) A teacher selected for exemption from unrequested leave of absence or nonrenewal
must have demonstrated excellent teaching or professional performance, as determined by
colleagues, mentors, and administrators. In addition, the teacher must be a member of a
protected class that:
new text end
new text begin
(1) is underrepresented among either (i) teachers in the district relative to the percentage
of students in the protected class enrolled in the district, or (ii) licensed teachers in Minnesota;
and
new text end
new text begin
(2) has experienced systemic barriers to entering and remaining in the teaching profession,
as determined by the committee.
new text end
new text begin
(c) The district and exclusive representative may negotiate additional criteria for the
committee to consider, including licensure tier. The committee may annually determine by
majority vote the percentage of teachers eligible for the exemption, not to exceed five percent
of teachers in the district.
new text end
new text begin
(d) The committee must make final decisions and notify affected teachers no later than
February 1 of each school year. The exemption is valid for the school year in which the
exemption is granted unless the committee renews the exemption in a subsequent year. The
committee may, by majority vote, grant a teacher a two-year exemption from nonrenewal.
new text end
new text begin
(e) If the committee is unable to reach a consensus regarding teacher selections, the
committee must vote on each candidate for the exemption. The candidates receiving the
most votes must be granted the exemption until the number of teachers receiving the
exemption reaches the lesser of five percent of the teachers in the district or the percentage
determined by majority vote of the committee.
new text end
new text begin
(f) Data on individual teachers collected, created, received, maintained, or disseminated
by the committee are private personnel data pursuant to section 13.43.
new text end
new text begin
(g) A dispute over violations of procedures under this section is subject to the grievance
procedure in the applicable collective bargaining agreement.
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. 4.
Minnesota Statutes 2020, 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) 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) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.
(d) 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
(e) A board may renew a probationary teacher while placing teachers with continuing
contracts on unrequested leave of absence pursuant to a plan adopted under subdivisions
14a and 14b.
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. 5.
Minnesota Statutes 2020, section 122A.41, subdivision 14a, is amended to read:
Subd. 14a.
Negotiated unrequested leave of absence.
new text begin (a) new text end The school board and the
exclusive bargaining representative of the teachers must negotiate a plan providing for
unrequested leave of absence without pay or fringe benefits for 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.
new text begin
(b) A plan may include a process to exempt up to five percent of the teachers in the
district from unrequested leave of absence or nonrenewal regardless of a teacher's
probationary status or seniority if the plan meets the requirements of subdivision 10a and
if the board and the exclusive representative of the teachers agree in writing to the process
by October 1 of each school year.
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. 6.
Minnesota Statutes 2020, section 122A.41, is amended by adding a subdivision to
read:
new text begin Subd. 14b. new text end
new text begin Unrequested leave of absence exemption process. new text end
new text begin
(a) A plan to exempt
up to five percent of the teachers in the district from unrequested leave of absence or
nonrenewal must establish a committee to select teachers to receive the exemption. The
committee must have an equal number of representatives selected by the superintendent
and the exclusive representative. The committee must have at least three representatives
appointed by the superintendent and three representatives appointed by the exclusive
representative. School districts and exclusive representatives are strongly encouraged to
include members of underrepresented communities as committee representatives. The
committee must complete comprehensive antiracism training conducted by a training provider
approved by the Professional Educator Licensing and Standards Board before beginning
the selection process.
new text end
new text begin
(b) A teacher selected for exemption from unrequested leave of absence or nonrenewal
must have demonstrated excellent teaching or professional performance, as determined by
colleagues, mentors, and administrators. In addition, the teacher must be a member of a
protected class that:
new text end
new text begin
(1) is underrepresented among either (i) teachers in the district relative to the percentage
of students in the protected class enrolled in the district, or (ii) licensed teachers in Minnesota;
and
new text end
new text begin
(2) has experienced systemic barriers to entering and remaining in the teaching profession,
as determined by the committee.
new text end
new text begin
(c) The district and exclusive representative may negotiate additional criteria for the
committee to consider, including licensure tier. The committee may annually determine by
majority vote the percentage of teachers eligible for the exemption, not to exceed five percent
of teachers in the district.
new text end
new text begin
(d) The committee must make final decisions and notify affected teachers no later than
February 1 of each school year. The exemption is valid for the school year in which the
exemption is granted unless the committee renews the exemption in a subsequent year. The
committee may, by majority vote, grant a teacher a two-year exemption from nonrenewal.
new text end
new text begin
(e) If the committee is unable to reach a consensus regarding teacher selections, the
committee must vote on each candidate for the exemption. The candidates receiving the
most votes must be granted the exemption until the number of teachers receiving the
exemption reaches the lesser of five percent of the teachers in the district or the percentage
determined by majority vote of the committee.
new text end
new text begin
(f) Data on individual teachers collected, created, received, maintained, or disseminated
by the committee are private personnel data pursuant to section 13.43.
new text end
new text begin
(g) A dispute over violations of procedures under this section is subject to the grievance
procedure in the applicable collective bargaining agreement.
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