HF 66

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; offering licensed kindergarten 
  1.3             through grade 12 teachers the opportunity for more 
  1.4             staff development and additional salary; amending 
  1.5             Minnesota Statutes 2000, sections 120A.41; 122A.40, 
  1.6             subdivision 7, and by adding a subdivision; and 
  1.7             122A.41, subdivision 4, and by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 120A.41, is 
  1.10  amended to read: 
  1.11     120A.41 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.] 
  1.12     (a) A school board's annual school calendar must include at 
  1.13  least three additional days of student instruction or staff 
  1.14  development training related to implementing section 120B.031, 
  1.15  subdivision 1, paragraph (f), beyond the number of days of 
  1.16  student instruction the board formally adopted as its school 
  1.17  calendar at the beginning of the 1996-1997 school year. 
  1.18     (b) A school board that offers licensed kindergarten 
  1.19  through grade 12 teachers the opportunity for more staff 
  1.20  development training and additional salary under section 
  1.21  122A.40, subdivisions 7 and 7a, or 122A.41, subdivisions 4 and 
  1.22  4a, must adopt as its school calendar a total of 240 days of 
  1.23  student instruction and staff development, of which the total 
  1.24  number of staff development days equals the difference between 
  1.25  the total number of days of student instruction under paragraph 
  1.26  (a) and 240 days.  A school board may schedule additional staff 
  2.1   development days throughout the calendar year. 
  2.2      [EFFECTIVE DATE.] This section is effective for the 
  2.3   2001-2002 school year and thereafter. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 122A.40, 
  2.5   subdivision 7, is amended to read: 
  2.6      Subd. 7.  [TERMINATION OF CONTRACT AFTER PROBATIONARY 
  2.7   PERIOD.] (a) A teacher who has completed a probationary period 
  2.8   in any district, and who has not been discharged or advised of a 
  2.9   refusal to renew the teacher's contract pursuant to under 
  2.10  subdivision 5, shall elect to have a continuing contract with 
  2.11  such district where contract terms and conditions, including 
  2.12  salary and salary increases, are established based either on the 
  2.13  length of the school calendar under section 120A.41, paragraph 
  2.14  (a) or (b).  Thereafter, the teacher's contract must remain in 
  2.15  full force and effect, except as modified by mutual consent of 
  2.16  the board and the teacher, until terminated by a majority roll 
  2.17  call vote of the full membership of the board prior to April 1 
  2.18  upon one of the grounds specified in subdivision 9 or July 1 
  2.19  upon one of the grounds specified in subdivision 10 or 11, or 
  2.20  until the teacher is discharged pursuant to subdivision 13, or 
  2.21  by the written resignation of the teacher submitted prior to 
  2.22  April 1.  If an agreement as to the terms and conditions of 
  2.23  employment for the succeeding school year has not been adopted 
  2.24  pursuant to the provisions of sections 179A.01 to 179A.25 prior 
  2.25  to March 1, the teacher's right of resignation is extended to 
  2.26  the 30th calendar day following the adoption of said contract in 
  2.27  compliance with section 179A.20, subdivision 5.  Such written 
  2.28  resignation by the teacher is effective as of June 30 if 
  2.29  submitted prior to that date and the teachers' right of 
  2.30  resignation for the school year then beginning shall cease on 
  2.31  July 15.  Before a teacher's contract is terminated by the 
  2.32  board, the board must notify the teacher in writing and state 
  2.33  its ground for the proposed termination in reasonable detail 
  2.34  together with a statement that the teacher may make a written 
  2.35  request for a hearing before the board within 14 days after 
  2.36  receipt of such notification.  If the grounds are those 
  3.1   specified in subdivision 9 or 13, the notice must also state a 
  3.2   teacher may request arbitration under subdivision 15.  Within 14 
  3.3   days after receipt of this notification the teacher may make a 
  3.4   written request for a hearing before the board or an arbitrator 
  3.5   and it shall be granted upon reasonable notice to the teacher of 
  3.6   the date set for hearing, before final action is taken.  If no 
  3.7   hearing is requested within such period, it shall be deemed 
  3.8   acquiescence by the teacher to the board's action.  Such 
  3.9   termination shall take effect at the close of the school year in 
  3.10  which the contract is terminated in the manner aforesaid.  Such 
  3.11  contract may be terminated at any time by mutual consent of the 
  3.12  board and the teacher and this section does not affect the 
  3.13  powers of a board to suspend, discharge, or demote a teacher 
  3.14  under and pursuant to other provisions of law. 
  3.15     (b) A teacher electing to have a continuing contract based 
  3.16  on the length of the school calendar under section 120A.41, 
  3.17  paragraph (b), must participate in staff development training 
  3.18  under subdivision 7a and shall receive an increased base salary. 
  3.19     [EFFECTIVE DATE.] This section is effective for the 
  3.20  2001-2002 school year and thereafter. 
  3.21     Sec. 3.  Minnesota Statutes 2000, section 122A.40, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 7a.  [ADDITIONAL STAFF DEVELOPMENT AND SALARY.] (a) A 
  3.24  teacher electing to have a continuing contract based on the 
  3.25  length of the school calendar under section 120A.41, paragraph 
  3.26  (b), must participate in a total number of staff development 
  3.27  days where the total number of such days equals the difference 
  3.28  between the total number of days of student instruction under 
  3.29  section 120A.41, paragraph (a), and 240 days.  Staff development 
  3.30  includes peer mentoring, peer gathering, continuing education, 
  3.31  professional development, or other training.  A school board may 
  3.32  schedule such days throughout the calendar year.  Staff 
  3.33  development programs provided during such days shall enable 
  3.34  teachers to achieve the staff development outcomes under section 
  3.35  122A.60, subdivision 3. 
  3.36     (b) A public employer and the exclusive representative of 
  4.1   the teachers must include terms in the collective bargaining 
  4.2   agreement for all teachers who participate in additional staff 
  4.3   development days under paragraph (a) that increase base salaries.
  4.4      [EFFECTIVE DATE.] This section is effective for the 
  4.5   2001-2002 school year and thereafter. 
  4.6      Sec. 4.  Minnesota Statutes 2000, section 122A.41, 
  4.7   subdivision 4, is amended to read: 
  4.8      Subd. 4.  [PERIOD OF SERVICE AFTER PROBATIONARY PERIOD; 
  4.9   DISCHARGE OR DEMOTION.] (a) After the completion of such 
  4.10  probationary period, without discharge, such teachers as are 
  4.11  thereupon reemployed shall continue in service and hold their 
  4.12  respective position during good behavior and efficient and 
  4.13  competent service and must not be discharged or demoted except 
  4.14  for cause after a hearing.  The terms and conditions of a 
  4.15  teacher's employment contract, including salary and salary 
  4.16  increases, must be based either on the length of the school year 
  4.17  under section 120A.41, paragraph (a) or (b).  
  4.18     (b) A probationary teacher is deemed to have been 
  4.19  reemployed for the ensuing school year, unless the school board 
  4.20  in charge of such school gave such teacher notice in writing 
  4.21  before July 1 of the termination of such employment.  
  4.22     (c) A teacher electing to have an employment contract based 
  4.23  on the length of the school calendar under section 120A.41, 
  4.24  paragraph (b), must participate in staff development training 
  4.25  under subdivision 4a and shall receive an increased base salary. 
  4.26     [EFFECTIVE DATE.] This section is effective for the 
  4.27  2001-2002 school year and thereafter. 
  4.28     Sec. 5.  Minnesota Statutes 2000, section 122A.41, is 
  4.29  amended by adding a subdivision to read: 
  4.30     Subd. 4a.  [ADDITIONAL STAFF DEVELOPMENT AND SALARY.] (a) A 
  4.31  teacher electing to have a continuing contract based on the 
  4.32  length of the school calendar under section 120A.41, paragraph 
  4.33  (b), must participate in a total number of staff development 
  4.34  days where the total number of such days equals the difference 
  4.35  between the total number of days of student instruction under 
  4.36  section 120A.41, paragraph (a), and 240 days.  Staff development 
  5.1   includes peer mentoring, peer gathering, continuing education, 
  5.2   professional development, or other training.  A school board may 
  5.3   schedule such days throughout the calendar year.  Staff 
  5.4   development programs provided during such days shall enable 
  5.5   teachers to achieve the staff development outcomes under section 
  5.6   122A.60, subdivision 3. 
  5.7      (b) A public employer and the exclusive representative of 
  5.8   the teachers must include terms in the collective bargaining 
  5.9   agreement for all teachers who participate in additional staff 
  5.10  development days under paragraph (a) that increase base salaries.
  5.11     [EFFECTIVE DATE.] This section is effective for the 
  5.12  2001-2002 school year and thereafter.