HF 1870

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2012 11:55am

A bill for an act
relating to education; allowing school districts to base unrequested leave of
absence and certain discharge and demotion decisions on teacher evaluation
outcomes; amending Minnesota Statutes 2010, sections 122A.40, subdivisions
10, 11; 122A.41, subdivision 14; Minnesota Statutes 2011 Supplement, section
122A.41, subdivision 6.

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

Section 1.

Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to
read:

Subd. 10.

Negotiated unrequested leave of absence.

new text begin (a) new text end The school board and
the exclusive bargaining representative of the teachers may negotiate a plan providing for
unrequested leave of absence without pay or fringe benefits for as many teachers as may
be necessary because of discontinuance of position, lack of pupils, financial limitations, or
merger of classes caused by consolidation of districts. deleted text begin Failing to successfully negotiate
such a plan, the provisions of subdivision 11 shall apply. deleted text end The negotiated plan must not
include provisions which would result in the exercise of seniority by a teacher holding a
provisional license, other than a vocational education license, contrary to the provisions of
subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license,
other than a vocational education license, contrary to the provisions of subdivision 11,
clause (e). The provisions of section 179A.16 do not apply for the purposes of this
subdivision. new text begin The negotiated plan may base unrequested leave of absence decisions on
licensure fields and teachers' evaluation outcomes under subdivision 8, from the least to
most effective category and from least to greatest seniority within each category.
new text end

new text begin (b) Failing to successfully negotiate a plan under paragraph (a), the provisions of
subdivision 11 shall apply unless a majority of the school board members formally decides
to place teachers on unrequested leave of absence based on licensure fields and teachers'
evaluation outcomes under subdivision 8, from the least to most effective category and
from least to greatest seniority within each category. In such a case the board must
develop, publish, and implement an unrequested leave of absence plan based on licensure
fields and the teachers' evaluation outcomes, from the least to most effective category and
from least to greatest seniority within each category, and subdivision 11 does not apply.
new text end

new text begin (c) For purposes of placing a teacher on unrequested leave of absence or recalling
a teacher from unrequested leave of absence, nothing in this subdivision shall require
a school board to reassign a teacher with more seniority to a different subject matter
category or to a substantially different grade level assignment in order to accommodate
the seniority claims of a teacher with less seniority. "A substantially different grade level
assignment" means an assignment between kindergarten, grades 1 through 6, junior high
school, and senior high school.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:

Subd. 11.

Unrequested leave of absence.

The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger of
classes caused by consolidation of districts. The unrequested leave is effective at the close
of the school year. In placing teachers on unrequested leave, the board is governed by
the following provisions:

(a) The board may place probationary teachers on unrequested leave first in the
inverse order of their employment. A teacher who has acquired continuing contract rights
must not be placed on unrequested leave of absence while probationary teachers are
retained in positions for which the teacher who has acquired continuing contract rights is
licensed;

(b) Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the inverse order
in which they were employed by the school district. In the case of equal seniority, the
order in which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiable;

(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
any seniority when that exercise results in that teacher being retained by the district in a
field for which the teacher holds only a provisional license, as defined by the board of
teaching, unless that exercise of seniority results in the placement on unrequested leave of
absence of another teacher who also holds a provisional license in the same field. The
provisions of this clause do not apply to vocational education licenses;

(d) Notwithstanding clauses (a), (b) and (c), if the placing of a probationary teacher
on unrequested leave before a teacher who has acquired continuing rights, the placing of a
teacher who has acquired continuing contract rights on unrequested leave before another
teacher who has acquired continuing contract rights but who has greater seniority, or the
restriction imposed by the provisions of clause (c) would place the district in violation of
its affirmative action program, the district may retain the probationary teacher, the teacher
with less seniority, or the provisionally licensed teacher;

(e) new text begin For purposes of placing a teacher on unrequested leave of absence or recalling
a teacher from unrequested leave of absence, nothing in this subdivision shall require
a school board to reassign a teacher with more seniority to a different subject matter
category or to a substantially different grade level assignment in order to accommodate
the seniority claims of a teacher with less seniority. "A substantially different grade level
assignment" means an assignment between kindergarten, grades 1 through 6, junior high
school, and senior high school;
new text end

new text begin (f) new text end Teachers placed on unrequested leave of absence must be reinstated to the
positions from which they have been given leaves of absence or, if not available, to
other available positions in the school district in fields in which they are licensed.
Reinstatement must be in the inverse order of placement on leave of absence. A teacher
must not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are placed on unrequested
leave in the same school year is negotiable;

deleted text begin (f) deleted text end new text begin (g) new text end Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the board;

deleted text begin (g) deleted text end new text begin (h) new text end A teacher placed on unrequested leave of absence may engage in teaching
or any other occupation during the period of this leave;

deleted text begin (h) deleted text end new text begin (i) new text end The unrequested leave of absence must not impair the continuing contract
rights of a teacher or result in a loss of credit for previous years of service;

deleted text begin (i) deleted text end new text begin (j) new text end The unrequested leave of absence of a teacher who is placed on unrequested
leave of absence and who is not reinstated shall continue for a period of five years, after
which the right to reinstatement deleted text begin shall terminate deleted text end new text begin also terminates new text end . The teacher's right to
reinstatement shall also terminate if the teacher fails to file with the board by April 1 of
any year a written statement requesting reinstatement;

new text begin (k) The unrequested leave of absence of an ineffective teacher who is placed on
unrequested leave of absence and who is not reinstated shall continue for the following
school year only, after which the right to reinstatement terminates. The teacher's right to
reinstatement also terminates if the teacher fails to file with the board by April 1 in that
following school year a written statement requesting reinstatement;
new text end

deleted text begin (j) deleted text end new text begin (l) new text end The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;

deleted text begin (k) deleted text end new text begin (m) new text end Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
eligible deleted text begin . deleted text end new text begin ;
new text end

new text begin (n) Beginning in the 2015-2016 school year and later, and notwithstanding any
contradictory provisions in this subdivision, a school board must place teachers on
unrequested leave of absence based on licensure fields and the teachers' most recent
evaluation outcomes under subdivision 8, from the least to most effective category and
from least to greatest seniority within each category, unless the placement violates the
district's affirmative action program. A school board is not required to reassign a teacher
with more seniority to a different subject matter category or to a substantially different
grade level assignment in order to accommodate the seniority claims of a less senior
teacher. The school board must publish in a readily accessible format the unrequested
leave of absence plan it develops and implements under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 6, is
amended to read:

Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided
in paragraph (b), causes for the discharge or demotion of a teacher either during or after
the probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release
of the school board having the care, management, or control of the school in which the
teacher is employed;

(3) inefficiency in teaching or in the management of a school, consistent with
subdivision 5, paragraph (b);

(4) affliction with active tuberculosis or other communicable disease must be
considered as cause for removal or suspension while the teacher is suffering from such
disability; or

(5) discontinuance of position or lack of pupils.

new text begin The school board and the exclusive representative of the teachers may negotiate an
agreement to discharge or demote a teacher under clause (5) based on licensure fields
and teachers' evaluation outcomes under subdivision 5, from the least to most effective
category and from least to greatest seniority within each category. Alternatively, the
majority of the school board members may formally decide to discharge or demote a
teacher under clause (5) based on licensure fields and teachers' evaluation outcomes
under subdivision 5, from the least to most effective category and from least to greatest
seniority within each category, in which case the board must develop and implement
a discharge and demotion plan based on licensure fields and the teachers' evaluation
outcomes, from the least to most effective category and from least to greatest seniority
within each category. Beginning in the 2015-2016 school year and later, the school board
must discharge or demote a teacher under clause (5) based on licensure fields and the
teachers' most recent evaluation outcomes under subdivision 5, from the least to most
effective category and from least to greatest seniority within each category, and licensure
fields unless the placement violates a district affirmative action program. The school board
must publish in a readily accessible format any discharge and demotion plan it develops
to implement clause (5) of this paragraph.
new text end

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

(b) A probationary or continuing-contract teacher must be discharged immediately
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
teacher's license has been revoked due to a conviction for child abuse or sexual abuse.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:

Subd. 14.

Services terminated by discontinuance or lack of pupils; preference
given.

(a) new text begin Consistent with paragraph (c), new text end a teacher whose services are terminated on
account of discontinuance of position or lack of pupils must receive first consideration for
other positions in the district for which that teacher is qualified. In the event it becomes
necessary to discontinue one or more positions, in making such discontinuance, teachers
must be discontinued in any department in the inverse order in which they were employed,
unless a board and the exclusive representative of teachers in the district negotiate a
plan providing otherwise.

(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
any seniority when that exercise results in that teacher being retained by the district in
a field for which the teacher holds only a provisional license, as defined by the Board
of Teaching, unless that exercise of seniority results in the termination of services, on
account of discontinuance of position or lack of pupils, of another teacher who also
holds a provisional license in the same field. The provisions of this clause do not apply
to vocational education licenses.

(c) new text begin For purposes of placing a teacher on unrequested leave of absence or recalling
a teacher from unrequested leave of absence, nothing in this subdivision shall require
a school board to reassign a teacher with more seniority to a different subject matter
category or to a substantially different grade level assignment in order to accommodate
the seniority claims of a teacher with less seniority. "A substantially different grade level
assignment" means an assignment between kindergarten, grades 1 through 6, junior high
school, and senior high school.
new text end

new text begin (d) new text end Notwithstanding the provisions of clause (a), a teacher must not be reinstated
to a position in a field in which the teacher holds only a provisional license, other than a
vocational education license, while another teacher who holds a nonprovisional license in
the same field is available for reinstatement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end