SF 1573

Introduction - 86th Legislature (2009 - 2010)

Posted on 02/09/2010 02:22 a.m.

A bill for an act
relating to education; creating five-year contract terms for teachers after
probationary period; amending Minnesota Statutes 2008, sections 122A.40,
subdivision 7; 122A.41, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 122A.40, subdivision 7, is amended to
read:

Subd. 7.

Termination of contract after probationary period.

(a) A teacher who
has completed a probationary period in any district, and who has not been discharged or
advised of a refusal to renew the teacher's contract under subdivision 5, shall elect to have
a deleted text begin continuing deleted text end new text begin five-year new text end contract with such district where contract terms and conditions,
including salary and salary increases, are established based either on the length of the
school calendar or an extended school calendar under section 120A.415. Thereafter, the
teacher's contract must remain in full force and effect new text begin for the duration of the contract new text end ,
except as modified by mutual consent of the board and the teacher, until terminated by a
majority roll call vote of the full membership of the board prior to April 1 upon one of
the grounds specified in subdivision 9 or July 1 upon one of the grounds specified in
subdivision 10 or 11, or until the teacher is discharged pursuant to subdivision 13, or by
the written resignation of the teacher submitted prior to April 1. If an agreement as to the
terms and conditions of employment for the succeeding school year has not been adopted
pursuant to the provisions of sections 179A.01 to 179A.25 prior to March 1, the teacher's
right of resignation is extended to the 30th calendar day following the adoption of said
contract in compliance with section 179A.20, subdivision 5. Such written resignation by
the teacher is effective as of June 30 if submitted prior to that date and the teachers' right
of resignation for the school year then beginning shall cease on July 15.

new text begin (b) At the conclusion of a contract period, another five-year contract with the
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 next five-year
period 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
within ten days after receiving such request.
new text end

new text begin (c) new text end Before a teacher's contract is terminated by the board, the board must notify
the teacher in writing and state its ground for the proposed termination in reasonable
detail together with a statement that the teacher may make a written request for a hearing
before the board within 14 days after receipt of such notification. If the grounds are
those specified in subdivision 9 or 13, the notice must also state a teacher may request
arbitration under subdivision 15. Within 14 days after receipt of this notification the
teacher may make a written request for a hearing before the board or an arbitrator and it
shall be granted upon reasonable notice to the teacher of the date set for hearing, before
final action is taken. If no hearing is requested within such period, it shall be deemed
acquiescence by the teacher to the board's action. Such termination shall take effect at the
close of the school year in which the contract is terminated in the manner aforesaid. Such
contract may be terminated at any time by mutual consent of the board and the teacher
and this section does not affect the powers of a board to suspend, discharge, or demote
a teacher under and pursuant to other provisions of law.

deleted text begin (b) deleted text end new text begin (d) new text end A teacher electing to have a deleted text begin continuing deleted text end new text begin five-year new text end contract based on the
extended school calendar under section 120A.415 must participate in staff development
training under subdivision 7a and shall receive an increased base salary.

Sec. 2.

Minnesota Statutes 2008, section 122A.41, subdivision 4, is amended to read:

Subd. 4.

Period of service after probationary period; discharge or demotion.

(a) After the completion of such probationary period, without discharge, such teachers
as are thereupon reemployed shall continue in service and hold their respective position
during good behavior and efficient and competent service new text begin for a period of five years new text end and
must not be discharged or demoted new text begin during that period new text end except for cause after a hearing.
The terms and conditions of a teacher's employment contract, including salary and salary
increases, must be based either on the length of the school year or an extended school
calendar under section 120A.415.

(b) A probationary teacher is deemed to have been reemployed for the ensuing
school year, unless the school board in charge of such school gave such teacher notice in
writing before July 1 of the termination of such employment.

(c) A teacher electing to have an employment contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 4a and shall receive an increased base salary.

new text begin (d) At the conclusion of a contract period, another five-year contract with the
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 next five-year
period 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
within ten days after receiving such request.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "continuing contract" or similar terms
to "five-year contract" of similar terms wherever they appear in Minnesota Statutes,
chapters 120A to 129, and Minnesota Rules when referring to contracts regulated under
Minnesota Statutes, chapters 120A to 129. The revisor shall also make grammatical
changes related to the change in terms.
new text end