HF 996

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for employment of 
  1.3             education support employees terminated by a dissolved 
  1.4             cooperative or the withdrawal of a member district; 
  1.5             amending Minnesota Statutes 1994, section 122.895, 
  1.6             subdivisions 1, 8, and 9. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 122.895, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.11  section, the terms defined in this subdivision have the meanings 
  1.12  given them. 
  1.13     (a) "Teacher" means a teacher as defined in section 125.12, 
  1.14  subdivision 1, who is employed by a district or center listed in 
  1.15  subdivision 2, except that it does not include a superintendent. 
  1.16     (b) "Cooperative" means any district or center to which 
  1.17  this section applies. 
  1.18     (c) "Withdrawal" means a school district's removal of its 
  1.19  students from a program of instruction, counseling, or 
  1.20  evaluation provided by a cooperative in order to provide the 
  1.21  same educational services by other means. 
  1.22     (d) "Education support position" means a position not 
  1.23  requiring a teaching license in which an employee assists a 
  1.24  teacher by providing instructional, counseling, or evaluative 
  1.25  support services directly to students. 
  1.26     (e) "Education support employee" means an employee holding 
  2.1   an education support position. 
  2.2      Sec. 2.  Minnesota Statutes 1994, section 122.895, 
  2.3   subdivision 8, is amended to read: 
  2.4      Subd. 8.  [NONLICENSED EMPLOYEES UPON DISSOLUTION.] (a) A 
  2.5   nonlicensed employee who is terminated by a cooperative that 
  2.6   dissolves shall be appointed by a district that is a member of 
  2.7   the dissolved cooperative to a position that is created within 
  2.8   12 36 months of the dissolution of the cooperative and is 
  2.9   created as a result of the dissolution of the cooperative.  A 
  2.10  position shall be offered to a nonlicensed employee, who 
  2.11  fulfills the qualifications for that position, in order of the 
  2.12  employee's seniority within the dissolved cooperative. 
  2.13     (b) When an education support employee is terminated by a 
  2.14  cooperative that dissolves, a district that is a member of the 
  2.15  dissolved cooperative shall appoint the employee to an education 
  2.16  support position if the position is created within 36 months of 
  2.17  the dissolution of the cooperative as a result of the 
  2.18  dissolution.  An education support position shall be offered to 
  2.19  an education support employee, who fulfills the qualifications 
  2.20  for that position, in order of the employee's seniority within 
  2.21  the dissolved cooperative. 
  2.22     (c) An employee appointed according to this subdivision 
  2.23  shall receive credit for the employee's: 
  2.24     (1) continuous years of service with the cooperative on the 
  2.25  appointing district's compensation schedule and seniority list; 
  2.26  and 
  2.27     (2) unused sick leave accumulated while employed by the 
  2.28  cooperative. 
  2.29     (d) Notwithstanding section 179A.12 or Minnesota Rules, 
  2.30  part 5510.0510, subparts 1 to 4, a representation petition 
  2.31  seeking the exclusive representation of a unit of education 
  2.32  support employees employed by a district formerly a member of a 
  2.33  dissolved cooperative may be considered by the commissioner of 
  2.34  the bureau of mediation services at any time within 23 months of 
  2.35  the dissolution of the cooperative. 
  2.36     Sec. 3.  Minnesota Statutes 1994, section 122.895, 
  3.1   subdivision 9, is amended to read: 
  3.2      Subd. 9.  [NONLICENSED EMPLOYEES UPON WITHDRAWAL.] (a) A 
  3.3   nonlicensed employee of a cooperative whose position active 
  3.4   employment is discontinued or reduced as a result of the 
  3.5   withdrawal of a member district from the cooperative shall be 
  3.6   appointed by the withdrawing member district to a position that 
  3.7   is created within 12 36 months of the withdrawal and is created 
  3.8   as a result of the withdrawal of the member district.  A 
  3.9   position shall be offered to a nonlicensed employee, who 
  3.10  fulfills the qualifications for that position, in order of the 
  3.11  employee's seniority within the cooperative from which a member 
  3.12  district withdraws. 
  3.13     (b) When an education support employee of a cooperative has 
  3.14  active employment discontinued or reduced as a result of the 
  3.15  withdrawal of a member district from the cooperative the 
  3.16  withdrawing member district shall appoint the employee to an 
  3.17  education support position if the position is created within 36 
  3.18  months of the withdrawal as a result of the withdrawal of the 
  3.19  member district.  An education support position shall be offered 
  3.20  to an education support employee, who meets the qualifications 
  3.21  for that position, in order of the employee's seniority within 
  3.22  the cooperative from which a member district withdraws. 
  3.23     (c) An employee appointed according to this subdivision 
  3.24  shall receive credit for the employee's: 
  3.25     (1) continuous years of service with the cooperative on the 
  3.26  appointing district's compensation schedule and seniority list; 
  3.27  and 
  3.28     (2) unused sick leave accumulated while employed by the 
  3.29  cooperative. 
  3.30     (d) Notwithstanding section 179A.12 or Minnesota Rules, 
  3.31  part 5510.0510, subparts 1 to 4, a representation petition 
  3.32  seeking the exclusive representation of a unit of education 
  3.33  support employees employed by a member district which has 
  3.34  withdrawn from a cooperative may be considered by the 
  3.35  commissioner of the bureau of mediation services at any time 
  3.36  within 23 months of the district's withdrawal from the 
  4.1   cooperative. 
  4.2      Sec. 4.  [EFFECTIVE DATE.] 
  4.3      Sections 1 to 3 are effective the day following final 
  4.4   enactment.