HF 1273

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; prohibiting negotiation of
teacher contracts during the school year; repealing
the January 15 penalty for failing to settle teacher
contracts; proposing coding for new law in Minnesota
Statutes, chapter 179A; repealing Minnesota Statutes
2004, section 123B.05.

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

Section 1.

new text begin [179A.145] PERIOD DURING WHICH NEGOTIATIONS
ARE PROHIBITED; FINANCIAL PENALTY FOR FAILING TO SETTLE.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition; financial penalty. new text end

new text begin (a) A
school board and the exclusive representative of teachers in a
district may not meet and negotiate and may not enter into a
contract during the period beginning with the district's first
student contact day in the fall and ending with the last student
contact day the next spring.
new text end

new text begin (b) When a school district and the exclusive representative
of teachers fail to enter into a contract before the district's
first student contact day in the fall, unless subdivision 2
applies, the commissioner must withhold from the district until
the beginning of the next fiscal year all its general education
revenue increases under section 126C.10 that are allowed over
the previous fiscal year.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin Subdivision 1 does not apply:
new text end

new text begin (1) if the school board and the exclusive representative of
teachers certify in writing to the commissioner of mediation
services that they have entered into a tentative agreement
before the first student contact day in the fall, to the extent
the parties enter into a final contract based on the tentative
agreement certified to the commissioner;
new text end

new text begin (2) during a period in which the school board postpones the
first student contact day from the regularly scheduled starting
date;
new text end

new text begin (3) if the school board and the exclusive representative
agree, before the first student contact day in the fall, to
binding interest arbitration of items in dispute, to the extent
the parties enter into a contract to confirm the results of the
arbitrator's decision; or
new text end

new text begin (4) if the teachers in the district are on strike on the
district's first student contact day in the fall.
new text end

new text begin Subd. 3. new text end

new text begin Relation to other law. new text end

new text begin This section supersedes
any conflicting provisions of other law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 123B.05, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end