1.1 	A bill for an act
1.2 	relating to education; modifying unrequested leave of absence provisions for 
1.3 	teachers;amending Minnesota Statutes 2012, sections 122A.40, subdivision 10; 
1.4 	122A.41, subdivision 14; 123A.75, subdivision 1; repealing Minnesota Statutes 
1.5 	2012, section 122A.40, subdivision 11.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to 
1.8 	read:
1.9 		Subd. 10.Negotiated unrequested leave of absence. The school board and the 
1.10 	exclusive bargaining representative of the teachers maymust negotiate a plan providing for 
1.11 	unrequested leave of absence without pay or fringe benefits for as many teachers as may 
1.12 	be necessary because of discontinuance of position, lack of pupils, financial limitations, or 
1.13 	merger of classes caused by consolidation of districts. Failing to successfully negotiate 
1.14 	such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not 
1.15 	include provisions which would result in the exercise of seniority by a teacher holding a 
1.16 	provisional license, other than a vocational education license, contrary to the provisions 
1.17 	of subdivision 11, paragraph (c), or the reinstatement of a teacher holding a provisional 
1.18 	license, other than a vocational education license, contrary to the provisions of subdivision 
1.19 	11, paragraph (e). The negotiated plan may be based on teacher evaluation ratings. The 
1.20 	provisions of section 179A.16 do not apply for the purposes of this subdivision.

1.21 	EFFECTIVE DATE. This section is effective July 1, 2014, and applies to 
1.22 	negotiated plans for unrequested leave of absence agreed to for teacher contracts with a 
1.23 	term beginning on July 1, 2015.

2.1 	Sec. 2. Minnesota Statutes 2012, section 122A.41, subdivision 14, is amended to read:
2.2 		Subd. 14.Services terminated by discontinuance or lack of pupils; preference 
2.3 	given. (a) A teacher whose services are terminated on account of discontinuance of 
2.4 	position or lack of pupils must receive first consideration for other positions in the 
2.5 	district for which that teacher is qualified. In the eventIf it becomes necessary for a 
2.6 	board to discontinue one or more positions a teacher on account of discontinuance of 
2.7 	position or lack of pupils, in making such discontinuance, teachers must be discontinued 
2.8 	in any department in the inverse order in which they were employed, unless a board and 
2.9 	the exclusive representative of teachers in the district must negotiate a plan providing 
2.10 	otherwise for discharging, demoting, or recalling a teacher. The negotiated plan may be 
2.11 	based on teacher evaluation ratings.
2.12 	(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise 
2.13 	any seniority when that exercise results in that teacher being retained by the district in 
2.14 	a field for which the teacher holds only a provisional license, as defined by the Board 
2.15 	of Teaching, unless that exercise of seniority results in the termination of services, on 
2.16 	account of discontinuance of position or lack of pupils, of another teacher who also 
2.17 	holds a provisional license in the same field. The provisions of this clause do not apply 
2.18 	to vocational education licenses.
2.19 	(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated 
2.20 	to a position in a field in which the teacher holds only a provisional license, other than a 
2.21 	vocational education license, while another teacher who holds a nonprovisional license in 
2.22 	the same field is available for reinstatement.

2.23 	EFFECTIVE DATE. This section is effective July 1, 2014, and applies to 
2.24 	negotiated plans for discontinuing or terminating teachers agreed to for teacher contracts 
2.25 	with a term beginning on July 1, 2015.

2.26 	Sec. 3. Minnesota Statutes 2012, section 123A.75, subdivision 1, is amended to read:
2.27 		Subdivision 1.Teacher assignment. (a) As of the effective date of a consolidation 
2.28 	in which a district is divided or the dissolution of a district and its attachment to two or 
2.29 	more existing districts, each teacher employed by an affected district shall be assigned to 
2.30 	the newly created or enlarged district on the basis of a ratio of the pupils assigned to each 
2.31 	district according to the new district boundaries. The district receiving the greatest number 
2.32 	of pupils must be assigned the teacher with the greatest seniority, and the remaining 
2.33 	teachers must be alternately assigned to each district until the district receiving the fewest 
2.34 	pupils has received its ratio of teachers who will not be retiring before the effective date of 
2.35 	the consolidation or dissolution.
3.1 	(b) Notwithstanding paragraph (a), The board and the exclusive representative of 
3.2 	teachers in each district involved in the consolidation or dissolution and attachment may
3.3 	must negotiate a plan for assigning teachers to each newly created or enlarged district.
3.4 	 The negotiated plan may be based on teacher evaluation ratings.

3.5 	EFFECTIVE DATE. This section is effective July 1, 2014.

3.6 	Sec. 4.  REPEALER.
 3.7 	Minnesota Statutes 2012, section 122A.40, subdivision 11, is repealed effective 
3.8 	July 1, 2015.