HF 1870

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 03/09/2012 12:12pm

1.1A bill for an act

1.2relating to education; allowing school districts to base unrequested leave of
1.3absence and certain discharge and demotion decisions on teacher evaluation
1.4outcomes;amending Minnesota Statutes 2010, sections 122A.40, subdivisions
1.510, 11; 122A.41, subdivision 14; 123A.75, subdivision 1; Minnesota Statutes
1.62011 Supplement, sections 122A.245, subdivision 1; 122A.41, subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2011 Supplement, section 122A.245, subdivision 1,
1.9is amended to read:
1.10    Subdivision 1. Requirements. (a) To improve academic excellence, improve ethnic
1.11and cultural diversity in the classroom, and close the academic achievement gap, the
1.12Board of Teaching must approve qualified teacher preparation programs under this section
1.13that are a means to acquire a two-year limited-term license, which the board may renew
1.14one time for an additional one-year term, and to prepare for acquiring a standard license.
1.15The following entities are eligible to participate under this section:
1.16(1) a school district or charter school that forms a partnership with a college or
1.17university that has a board-approved alternative teacher preparation program; or
1.18(2) a school district or charter school, after consulting with a college or university
1.19with a board-approved teacher preparation program, forms a partnership with a nonprofit
1.20corporation organized under chapter 317A for an education-related purpose that has a
1.21board-approved teacher preparation program.
1.22(b) Before participating in this program, a candidate must:
1.23(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
1.24board waives the grade point average requirement based on board-adopted criteria;
2.1(2) pass the reading, writing, and mathematics skills examination under section
2.2122A.09, subdivision 4 , paragraph (b); and
2.3(3) obtain qualifying scores on applicable board-approved rigorous content area and
2.4pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).
2.5(c) The Board of Teaching must issue a two-year limited-term license to a person
2.6who enrolls in an alternative teacher preparation program. This limited-term license is not
2.7a provisional license under section 122A.40 or section 122A.41.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.

2.9    Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:
2.10    Subd. 10. Negotiated unrequested leave of absence. (a) The school board and
2.11the exclusive bargaining representative of the teachers may negotiate a plan providing for
2.12unrequested leave of absence without pay or fringe benefits for as many teachers as may
2.13be necessary because of discontinuance of position, lack of pupils, financial limitations, or
2.14merger of classes caused by consolidation of districts. Failing to successfully negotiate
2.15such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
2.16include provisions which would result in the exercise of seniority by a teacher holding a
2.17provisional license, other than a vocational education license if required for the position,
2.18contrary to the provisions of subdivision 11, clause paragraph (c), or the reinstatement of a
2.19teacher holding a provisional license, other than a vocational education license required
2.20for the position, contrary to the provisions of subdivision 11, clause (e) paragraph (f).
2.21The provisions of section 179A.16 do not apply for the purposes of this subdivision.
2.22Notwithstanding other law to the contrary, the school board and the exclusive bargaining
2.23representative of the teachers may negotiate a plan to base unrequested leave of absence
2.24decisions on teachers' subject matter licensure fields and evaluation outcomes, from the
2.25least to most effective category under subdivision 8 and from least to greatest seniority,
2.26including probationary teachers, within each category, which if negotiated, must be
2.27consistent with subdivision 11, paragraph (n).
2.28(b) Notwithstanding other law to the contrary, if a school board fails to successfully
2.29negotiate a plan under paragraph (a), the provisions of subdivision 11 apply unless a
2.30majority of school board members formally decides to place teachers on unrequested leave
2.31of absence based on teachers' subject matter licensure fields and evaluation outcomes,
2.32from the least to most effective category under subdivision 8 and from least to greatest
2.33seniority, including probationary teachers, within each effectiveness category; the decision
2.34must be consistent with subdivision 11, paragraph (n). In such a case the board must
2.35develop, publish, and implement an unrequested leave of absence plan based on teachers'
3.1subject matter licensure fields and evaluation outcomes, from the least to most effective
3.2category under subdivision 8 and from least to greatest seniority, including probationary
3.3teachers, within each effectiveness category, and subdivision 11, paragraphs (a) through
3.4(m), do not apply.
3.5(c) For purposes of placing a teacher on unrequested leave of absence or recalling a
3.6teacher from unrequested leave of absence, nothing in this subdivision requires a school
3.7board to reassign a teacher with more seniority to a different subject matter licensure
3.8field or to a substantially different grade level assignment in order to accommodate the
3.9seniority claims of a teacher who is similarly licensed and effective but with less seniority.
3.10For purposes of this subdivision, a teacher holding a provisional license in a subject
3.11area includes a teacher who has received a waiver or variance to teach that subject from
3.12the Minnesota Board of Teaching. "A substantially different grade level assignment"
3.13means an assignment between kindergarten, grades 1 through 6, junior high school, and
3.14senior high school.
3.15(d) Nothing in this subdivision permits a school board to use a teacher's remuneration
3.16as the basis for making unrequested leave of absence or discharge decisions.
3.17EFFECTIVE DATE.This section is effective the day following final enactment
3.18and applies to negotiated plans agreed to after that date.

3.19    Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
3.20    Subd. 11. Unrequested leave of absence. The board may place on unrequested
3.21leave of absence, without pay or fringe benefits, as many teachers as may be necessary
3.22because of discontinuance of position, lack of pupils, financial limitations, or merger
3.23of classes caused by consolidation or reorganization of districts under chapter 123A.
3.24The unrequested leave is effective at the close of the school year. In placing teachers on
3.25unrequested leave, the board is governed by the following provisions:
3.26(a) The board may place probationary teachers on unrequested leave first in the
3.27inverse order of their employment. A teacher who has acquired continuing contract rights
3.28must not be placed on unrequested leave of absence while probationary teachers are
3.29retained in positions for which the teacher who has acquired continuing contract rights is
3.30licensed;
3.31(b) Teachers who have acquired continuing contract rights shall be placed on
3.32unrequested leave of absence in fields in which they are licensed in the inverse order
3.33in which they were employed by the school district. In the case of equal seniority, the
3.34order in which teachers who have acquired continuing contract rights shall be placed on
3.35unrequested leave of absence in fields in which they are licensed is negotiable;
4.1(c) Notwithstanding the provisions of clause paragraph (b), a teacher is not entitled
4.2to exercise any seniority when that exercise results in that teacher being retained by the
4.3district in a field for which the teacher holds only a provisional license, as defined by the
4.4board of teaching, unless that exercise of seniority results in the placement on unrequested
4.5leave of absence of another teacher who also holds a provisional license in the same field.
4.6The provisions of this clause paragraph do not apply to vocational education licenses
4.7required for available positions;
4.8(d) Notwithstanding clauses paragraphs (a), (b) and (c), if the placing of a
4.9probationary teacher on unrequested leave before a teacher who has acquired continuing
4.10rights, the placing of a teacher who has acquired continuing contract rights on unrequested
4.11leave before another teacher who has acquired continuing contract rights but who has
4.12greater seniority, or the restriction imposed by the provisions of clause paragraph (c) would
4.13place the district in violation of its affirmative action program, the district may retain the
4.14probationary teacher, the teacher with less seniority, or the provisionally licensed teacher;
4.15(e) For purposes of placing a teacher on unrequested leave of absence or recalling a
4.16teacher from unrequested leave of absence, nothing in this subdivision requires a school
4.17board to reassign a teacher with more seniority to a different subject matter licensure
4.18field or to a substantially different grade level assignment in order to accommodate
4.19the seniority claims of a teacher who is similarly licensed and effective but with less
4.20seniority. "A substantially different grade level assignment" means an assignment between
4.21kindergarten, grades 1 through 6, junior high school, and senior high school;
4.22(f) Teachers placed on unrequested leave of absence must be reinstated to the
4.23positions from which they have been given leaves of absence or, if not available, to other
4.24available positions in the school district in fields in which they are licensed. Reinstatement
4.25must be in the inverse order of placement on leave of absence. A teacher must not be
4.26reinstated to a position in a field in which the teacher holds only a provisional license,
4.27other than a vocational education license if required for the position, while another teacher
4.28who holds a nonprovisional license in the same field remains on unrequested leave.
4.29The order of reinstatement of teachers who have equal seniority and who are placed on
4.30unrequested leave in the same school year is negotiable;
4.31(f) (g) Appointment of a new teacher must not be made while there is available, on
4.32unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
4.33teacher fails to advise the school board within 30 days of the date of notification that a
4.34position is available to that teacher who may return to employment and assume the duties
4.35of the position to which appointed on a future date determined by the board;
5.1(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
5.2or any other occupation during the period of this leave;
5.3(h) (i) The unrequested leave of absence must not impair the continuing contract
5.4rights of a teacher or result in a loss of credit for previous years of service;
5.5(i) (j) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
5.6absence of a teacher who is categorized as effective or better under subdivision 8, who
5.7is placed on unrequested leave of absence, and who is not reinstated shall continue for a
5.8period of five years, after which the right to reinstatement shall terminate terminates. The
5.9teacher's right to reinstatement shall also terminate terminates if the teacher fails to file
5.10with the board by April 1 of any each year a written statement requesting reinstatement;
5.11(k) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
5.12absence of a teacher who is categorized as ineffective or less under subdivision 8, who
5.13is placed on unrequested leave of absence, and who is not reinstated continues for the
5.14following school year only, after which the teacher's right to reinstatement terminates. The
5.15teacher's right to reinstatement also terminates if the teacher fails to file with the board by
5.16April 1 in that following school year a written statement requesting reinstatement;
5.17(j) (l) The same provisions applicable to terminations of probationary or continuing
5.18contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;
5.19(k) (m) Nothing in this subdivision shall be construed to impair the rights of teachers
5.20placed on unrequested leave of absence to receive unemployment benefits if otherwise
5.21eligible.;
5.22(n) Beginning in the 2016-2017 school year and later, and notwithstanding any
5.23contradictory provisions in this subdivision, a school board must place teachers on
5.24unrequested leave of absence based on their subject matter licensure fields and most recent
5.25evaluation outcomes, from the least to most effective category under subdivision 8 and
5.26from least to greatest seniority, including probationary teachers, within each effectiveness
5.27category. A school board is not required to reassign a teacher with more seniority
5.28to a different subject matter licensure field or to a substantially different grade level
5.29assignment in order to accommodate the seniority claims of a teacher who is similarly
5.30licensed and effective but with less seniority. A school board may decide not to renew a
5.31probationary teacher's contract as it sees fit. The school board must make available to the
5.32public in a readily accessible format the unrequested leave of absence plan it develops and
5.33implements under this paragraph.
5.34(o) For purposes of this subdivision, a teacher who holds a provisional license in a
5.35subject area includes a teacher who has received a waiver or variance to teach that subject
5.36from the Minnesota Board of Teaching.
6.1EFFECTIVE DATE.This section is effective the day following final enactment
6.2except that paragraph (n) is effective for the 2016-2017 school year and later.

6.3    Sec. 4. Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 6, is
6.4amended to read:
6.5    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
6.6in paragraph (b), causes for the discharge or demotion of a teacher either during or after
6.7the probationary period must be:
6.8(1) immoral character, conduct unbecoming a teacher, or insubordination;
6.9(2) failure without justifiable cause to teach without first securing the written release
6.10of the school board having the care, management, or control of the school in which the
6.11teacher is employed;
6.12(3) inefficiency in teaching or in the management of a school, consistent with
6.13subdivision 5, paragraph (b);
6.14(4) affliction with active tuberculosis or other communicable disease must be
6.15considered as cause for removal or suspension while the teacher is suffering from such
6.16disability; or
6.17(5) discontinuance of position or lack of pupils.
6.18Notwithstanding other law to the contrary, the school board and the exclusive
6.19representative of the teachers may negotiate an agreement to discharge or demote
6.20teachers under clause (5) based on their subject matter licensure fields and evaluation
6.21outcomes, from the least to most effective category under subdivision 5 and from least to
6.22greatest seniority, including probationary teachers, within each effectiveness category.
6.23Alternatively, the majority of the school board members may formally decide to discharge
6.24or demote teachers under clause (5) based on their subject matter licensure fields and
6.25evaluation outcomes, from the least to most effective category under subdivision 5 and
6.26from least to greatest seniority, including probationary teachers, within each effectiveness
6.27category; in this case the board must develop and implement a discharge and demotion
6.28plan based on teachers' subject matter licensure fields and evaluation outcomes, from the
6.29least to most effective category and from least to greatest seniority, including probationary
6.30teachers, within each effectiveness category. Beginning in the 2016-2017 school year and
6.31later, and notwithstanding any contradictory provisions in this subdivision, the school
6.32board must discharge or demote teachers under clause (5) based on their subject matter
6.33licensure fields and most recent evaluation outcomes, from the least to most effective
6.34category under subdivision 5 and from least to greatest seniority, including probationary
6.35teachers, within each effectiveness category. Nothing in this subdivision permits a school
7.1board to use a teacher's remuneration as the basis for making discharge or demotion
7.2decisions. The school board must make available to the public in a readily accessible
7.3format any discharge and demotion plan it develops to implement clause (5) of this
7.4paragraph.
7.5For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
7.6discriminatory practice described in section 363A.13.
7.7(b) A probationary or continuing-contract teacher must be discharged immediately
7.8upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
7.9teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
7.10EFFECTIVE DATE.This section is effective the day following final enactment
7.11and applies to negotiated plans agreed to after that date.

7.12    Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
7.13    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
7.14given. (a) To the extent consistent with paragraph (c) and subdivision 6, paragraph (a),
7.15clause (5), a teacher whose services are terminated on account of discontinuance of
7.16position or lack of pupils must receive first consideration for other positions in the district
7.17for which that teacher is qualified. In the event If it becomes is necessary to discontinue
7.18one or more positions, in making such discontinuance, teachers must be discontinued in
7.19any department in the inverse order in which they were employed, unless a board and the
7.20exclusive representative of teachers in the district negotiate a plan providing otherwise.
7.21(b) Notwithstanding the provisions of clause paragraph (a), and to the extent
7.22consistent with paragraph (c) and subdivision 6, paragraph (a), a teacher is not entitled
7.23to exercise any seniority when that exercise results in that teacher being retained by the
7.24district in a field for which the teacher holds only a provisional license, as defined by the
7.25Board of Teaching, unless that exercise of seniority results in the termination of services,
7.26on account of discontinuance of position or lack of pupils, of another teacher who also
7.27holds a provisional license in the same field. The provisions of this clause do not apply
7.28to vocational education licenses.
7.29(c) For purposes of discharging, demoting, or recalling a teacher whose services are
7.30terminated under this subdivision, nothing in this subdivision requires a school board to
7.31reassign a teacher with more seniority to a different subject matter licensure field or to a
7.32substantially different grade level assignment in order to accommodate the seniority claims
7.33of a teacher who is similarly licensed and effective but with less seniority. "A substantially
7.34different grade level assignment" means an assignment between kindergarten, grades 1
7.35through 6, junior high school, and senior high school.
8.1(d) Notwithstanding the provisions of clause paragraph (a), and to the extent
8.2consistent with paragraph (c) and subdivision 6, paragraph (a), a teacher must not be
8.3reinstated to a position in a field in which the teacher holds only a provisional license,
8.4other than a vocational education license if required for the position, while another teacher
8.5who holds a nonprovisional license in the same field is available for reinstatement.
8.6(e) For purposes of this subdivision, a teacher who holds a provisional license in a
8.7subject area includes a teacher who has received a waiver or variance to teach that subject
8.8from the Minnesota Board of Teaching.
8.9EFFECTIVE DATE.This section is effective the day following final enactment.

8.10    Sec. 6. Minnesota Statutes 2010, section 123A.75, subdivision 1, is amended to read:
8.11    Subdivision 1. Teacher assignment. (a) As of the effective date of a consolidation
8.12in which a district is divided or the dissolution of a district and its attachment to two or
8.13more existing districts, each teacher employed by an affected district shall be assigned to
8.14the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
8.15district according to the new district boundaries. The district receiving the greatest number
8.16of pupils must be assigned the teacher with the greatest seniority, and the remaining
8.17teachers must be alternately assigned to each district until the district receiving the fewest
8.18pupils has received its ratio of teachers who will not be retiring before the effective date of
8.19the consolidation or dissolution.
8.20(b) Notwithstanding paragraph (a), the board and the exclusive representative of
8.21teachers in each district involved in the consolidation or dissolution and attachment may
8.22negotiate a plan for assigning teachers to each newly created or enlarged district.
8.23(c) Notwithstanding other law to the contrary, the provisions of this section apply
8.24only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and 11.
8.25EFFECTIVE DATE.This section is effective the day following final enactment.