HF 2117

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 expanded charter 
  1.3             school law; providing for school board contracting; 
  1.4             establishing a statewide education information system; 
  1.5             providing for the meaning of school year; modifying 
  1.6             teacher continuing contracts and termination; 
  1.7             providing for performance-based compensation for 
  1.8             school district employees; providing for 
  1.9             performance-based compensation aid; revising 
  1.10            procedures for bargaining between school boards and 
  1.11            teachers; establishing a time for notice of teacher 
  1.12            layoff; amending Minnesota Statutes 1994, sections 
  1.13            123.35, by adding subdivisions; 125.12, subdivisions 
  1.14            4, 6, 9a, 10, and by adding subdivisions; 179A.16, by 
  1.15            adding a subdivision; and 179A.17, subdivision 1; 
  1.16            Minnesota Statutes 1995 Supplement, sections 120.064, 
  1.17            subdivisions 3, 4, 4a, 5, and 8; 124.248, subdivision 
  1.18            4; 125.05, subdivision 2; and 125.12, subdivision 3; 
  1.19            proposing coding for new law in Minnesota Statutes, 
  1.20            chapters 121; and 179A; repealing Minnesota Statutes 
  1.21            1995 Supplement, section 124A.22, subdivision 2a. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23                             ARTICLE 1
  1.24                    EXPANDED CHARTER SCHOOL LAW
  1.25     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.26  120.064, subdivision 3, is amended to read: 
  1.27     Subd. 3.  [SPONSOR.] A school board, community college, 
  1.28  state university, technical college, the state board of 
  1.29  education, or the University of Minnesota may sponsor one or 
  1.30  more charter schools. 
  1.31     No more than a total of 40 charter schools may be 
  1.32  authorized not more than three of which may be sponsored by 
  1.33  public post-secondary institutions.  The state board of 
  2.1   education shall advise potential sponsors when the maximum 
  2.2   number of charter schools has been authorized. 
  2.3      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.4   120.064, subdivision 4, is amended to read: 
  2.5      Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
  2.6   authorize one or more licensed teachers under section 125.05, 
  2.7   subdivision 1, or a person, governmental body, or nonprofit 
  2.8   organization that contracts for its instructional programs with 
  2.9   an organization owned by teachers, to operate a charter school 
  2.10  subject to approval by the state board of education.  If a 
  2.11  school board elects not to sponsor a charter school, the 
  2.12  applicant may appeal the school board's decision to the state 
  2.13  board of education if two members of the school board voted to 
  2.14  sponsor the school.  If the state board authorizes the school, 
  2.15  the state board shall sponsor the school according to this 
  2.16  section.  The school shall be organized and operated as 
  2.17  a cooperative under chapter 308A or nonprofit corporation under 
  2.18  chapter 317A.  
  2.19     (b) Before the operators may form and operate as a school, 
  2.20  the a sponsor, other than the state board, must file an 
  2.21  affidavit with the state board of education stating its intent 
  2.22  to authorize a charter school.  The affidavit must state the 
  2.23  terms and conditions under which the sponsor would authorize a 
  2.24  charter school.  The state board must approve or disapprove the 
  2.25  sponsor's proposed authorization within 60 days of receipt of 
  2.26  the affidavit.  Failure to obtain state board approval precludes 
  2.27  a sponsor from authorizing the charter school that was the 
  2.28  subject of the affidavit.  
  2.29     (c) The operators authorized to organize and operate a 
  2.30  school shall hold an election for members of the school's board 
  2.31  of directors in a timely manner after the school is operating.  
  2.32  Any staff members who are employed at the school, including 
  2.33  teachers providing instruction under a contract with a 
  2.34  cooperative, and all parents of children enrolled in the school 
  2.35  may participate in the election.  Licensed teachers employed at 
  2.36  the school, including teachers providing instruction under a 
  3.1   contract with a cooperative, must be a majority of the members 
  3.2   of the board of directors.  When a person, governmental body, or 
  3.3   nonprofit organization that contracts for its instructional 
  3.4   programs with an organization owned by teachers operates the 
  3.5   school, teachers are not required to be a majority of the 
  3.6   members of the board of directors.  A provisional board may 
  3.7   operate before the election of the school's board of directors.  
  3.8   Board of director meetings must comply with section 471.705. 
  3.9      (d) The granting or renewal of a charter by a sponsoring 
  3.10  entity shall not be conditioned upon the bargaining unit status 
  3.11  of the employees of the school. 
  3.12     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  3.13  120.064, subdivision 5, is amended to read: 
  3.14     Subd. 5.  [CONTRACT.] The sponsor's authorization for a 
  3.15  charter school shall be in the form of a written contract signed 
  3.16  by the sponsor and the board of directors of the charter 
  3.17  school.  The contract for a charter school shall be in writing 
  3.18  and contain at least the following: 
  3.19     (1) a description of a program that carries out one or more 
  3.20  of the purposes in subdivision 1; 
  3.21     (2) specific outcomes pupils are to achieve under 
  3.22  subdivision 10; 
  3.23     (3) admission policies and procedures; 
  3.24     (4) management and administration of the school; 
  3.25     (5) requirements and procedures for program and financial 
  3.26  audits; 
  3.27     (6) how the school will comply with subdivisions 8, 13, 15, 
  3.28  and 21; 
  3.29     (7) assumption of liability by the charter school; 
  3.30     (8) types and amounts of insurance coverage to be obtained 
  3.31  by the charter school; and 
  3.32     (9) the term of the contract, which may be up to shall be 
  3.33  three years. 
  3.34     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  3.35  120.064, subdivision 8, is amended to read: 
  3.36     Subd. 8.  [REQUIREMENTS.] (a) A charter school shall meet 
  4.1   all applicable state and local health and safety requirements. 
  4.2      (b) The A school must sponsored by a school district may be 
  4.3   located in the sponsoring any district, unless another the 
  4.4   school board agrees to locate a charter school sponsored by 
  4.5   another district in its boundaries of the district of the 
  4.6   proposed location disapproves and has not adopted a resolution 
  4.7   under section 120.062, subdivision 2.  If such a school board 
  4.8   denies a request to locate within its boundaries a charter 
  4.9   school sponsored by another district, the sponsoring district 
  4.10  may appeal to the state board of education.  If the state board 
  4.11  authorizes the school, the state board shall sponsor the 
  4.12  school.  A school sponsored by a post-secondary institution may 
  4.13  be located at any place the institution considers convenient. 
  4.14     (c) A charter school must be nonsectarian in its programs, 
  4.15  admission policies, employment practices, and all other 
  4.16  operations.  A sponsor may not authorize a charter school or 
  4.17  program that is affiliated with a nonpublic sectarian school or 
  4.18  a religious institution. 
  4.19     (d) Charter schools shall not be used as a method of 
  4.20  providing education or generating revenue for students who are 
  4.21  being home schooled. 
  4.22     (e) The primary focus of a charter school must be to 
  4.23  provide a comprehensive program of instruction for at least one 
  4.24  grade or age group from five through 18 years of age.  
  4.25  Instruction may be provided to people younger than five years 
  4.26  and older than 18 years of age. 
  4.27     (f) A charter school may not charge tuition. 
  4.28     (g) A charter school is subject to and shall comply with 
  4.29  chapter 363 and section 126.21. 
  4.30     (h) A charter school is subject to and shall comply with 
  4.31  the pupil fair dismissal act, sections 127.26 to 127.39, and the 
  4.32  Minnesota public school fee law, sections 120.71 to 120.76. 
  4.33     (i) A charter school is subject to the same financial 
  4.34  audits, audit procedures, and audit requirements as a school 
  4.35  district.  The audit must be consistent with the requirements of 
  4.36  sections 121.904 to 121.917, except to the extent deviations are 
  5.1   necessary because of the program at the school.  The department 
  5.2   of children, families, and learning, state auditor, or 
  5.3   legislative auditor may conduct financial, program, or 
  5.4   compliance audits. 
  5.5      (j) A charter school is a school district for the purposes 
  5.6   of tort liability under chapter 466. 
  5.7      Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  5.8   124.248, subdivision 4, is amended to read: 
  5.9      Subd. 4.  [OTHER AID, GRANTS, REVENUE.] (a) A charter 
  5.10  school is eligible to receive other aids, grants, and revenue 
  5.11  according to chapters 120 to 129, as though it were a school 
  5.12  district except that, notwithstanding section 124.195, 
  5.13  subdivision 3, the payments shall be of an equal amount on each 
  5.14  of the 23 payment dates unless a charter school is in its first 
  5.15  year of operation in which case it shall receive on its first 
  5.16  payment date 15 percent of its cumulative amount guaranteed for 
  5.17  the year and 22 payments of an equal amount thereafter the sum 
  5.18  of which shall be 85 percent of the cumulative amount 
  5.19  guaranteed.  However, it may not receive aid, a grant, or 
  5.20  revenue if a levy is required to obtain the money, except as 
  5.21  otherwise provided in this section.  Federal aid received by the 
  5.22  state must be paid to the school, if it qualifies for the aid as 
  5.23  though it were a school district. 
  5.24     (b) Any revenue received from any source, other than 
  5.25  revenue that is specifically allowed for operational, 
  5.26  maintenance, capital facilities revenue under paragraph (c), and 
  5.27  capital expenditure equipment costs under this section, may be 
  5.28  used only for the planning and operational start-up costs of a 
  5.29  charter school.  Any unexpended revenue from any source under 
  5.30  this paragraph must be returned to that revenue source or 
  5.31  conveyed to the sponsoring school district, at the discretion of 
  5.32  the revenue source. 
  5.33     (c) A charter school may receive money from any source for 
  5.34  capital facilities needs.  Any unexpended capital facilities 
  5.35  revenue must be reserved and shall be expended only for future 
  5.36  capital facilities purposes. 
  6.1                              ARTICLE 2
  6.2                      CHARTER SCHOOL CONVERSION 
  6.3      Section 1.  Minnesota Statutes 1995 Supplement, section 
  6.4   120.064, subdivision 4a, is amended to read: 
  6.5      Subd. 4a.  [CONVERSION OF EXISTING SCHOOLS.] (a) A school 
  6.6   board may, on its own motion, convert one or more, or all, of 
  6.7   its existing schools to charter schools. 
  6.8      (b) A school board may convert one or more of its existing 
  6.9   schools to charter schools under this section if 90 percent of 
  6.10  the full-time teachers at the school sign a petition seeking 
  6.11  conversion.  The conversion must occur at the beginning of an 
  6.12  academic year. 
  6.13                             ARTICLE 3
  6.14                      SCHOOL BOARD CONTRACTING
  6.15     Section 1.  Minnesota Statutes 1994, section 123.35, is 
  6.16  amended by adding a subdivision to read: 
  6.17     Subd. 1a.  [CONTRACTS FOR SERVICES.] Notwithstanding any 
  6.18  law to the contrary, a school board may contract with a public 
  6.19  or private entity to provide instructional and noninstructional 
  6.20  services.  The board may reduce its administration accordingly.  
  6.21  The board shall not enter into an agreement restricting the 
  6.22  powers provided in this subdivision.  
  6.23     Sec. 2.  Minnesota Statutes 1994, section 123.35, is 
  6.24  amended by adding a subdivision to read: 
  6.25     Subd. 1b.  [REORGANIZATION AS A NONPROFIT ENTITY.] A school 
  6.26  board may reorganize its school district administration under 
  6.27  chapter 317A.  The board and the reorganized administration 
  6.28  shall contract for the administration to provide instructional 
  6.29  and noninstructional services.  The board shall not enter any 
  6.30  agreement restricting the powers provided in this subdivision. 
  6.31     Sec. 3.  Minnesota Statutes 1994, section 123.35, is 
  6.32  amended by adding a subdivision to read:  
  6.33     Subd. 1c.  [LOW PERFORMING SCHOOLS.] (a) A school board of 
  6.34  a school district with more than 4,500 pupils enrolled in 
  6.35  district schools shall annually solicit proposals from public 
  6.36  and private entities to assume operation of the lowest 
  7.1   performing elementary school operated by the district.  The 
  7.2   school district is not eligible to submit a proposal.  A 
  7.3   district shall measure performance of an elementary school using 
  7.4   the procedure the district uses to measure performance in its 
  7.5   annual PER report. 
  7.6      (b) A school board's contract with a public or private 
  7.7   entity to operate a low performing elementary school shall have 
  7.8   a term of three years.  
  7.9                              ARTICLE 4
  7.10               STATEWIDE EDUCATION INFORMATION SYSTEM
  7.11     Section 1.  [121.97] [STATEWIDE EDUCATION INFORMATION 
  7.12  SYSTEM.] 
  7.13     (a) The commissioner of children, families, and learning 
  7.14  shall establish and maintain a statewide education information 
  7.15  system.  Information on all aspects of kindergarten through 
  7.16  grade 12 education in the state shall be gathered, processed, 
  7.17  and distributed to students and school districts.  This 
  7.18  information shall include, but not be limited to: 
  7.19     (1) the formation and operation of charter schools, 
  7.20  eligible voucher schools, and education sites; 
  7.21     (2) the enrollment patterns of students for charter 
  7.22  schools, eligible voucher schools, and education sites; 
  7.23     (3) the performance of students at charter schools, 
  7.24  eligible voucher schools, and education sites; 
  7.25     (4) participation requirements and patterns in the 
  7.26  post-secondary enrollment options program for students and 
  7.27  public and private colleges and universities; and 
  7.28     (5) research results and recommendations from Minnesota 
  7.29  Assessment of Education Progress, Inc. 
  7.30     (b) School districts, charter schools, eligible voucher 
  7.31  schools, and post-secondary schools shall cooperate with the 
  7.32  commissioner to implement and maintain the statewide education 
  7.33  information system. 
  7.34                             ARTICLE 5 
  7.35                           TEACHER TENURE
  7.36     Section 1.  Minnesota Statutes 1994, section 125.12, is 
  8.1   amended by adding a subdivision to read: 
  8.2      Subd. 1b.  [SCHOOL YEAR DEFINED.] For purposes of this 
  8.3   section, "school year" means from the first Tuesday after Labor 
  8.4   Day in one year through the last Friday before Labor Day in the 
  8.5   next year. 
  8.6      Sec. 2.  Minnesota Statutes 1994, section 125.12, is 
  8.7   amended by adding a subdivision to read: 
  8.8      Subd. 1c.  [CONTINUING CONTRACT DEFINED.] For purposes of 
  8.9   this section, "continuing contract" means a teacher's contract 
  8.10  with a maximum term of three years from the date of hire. 
  8.11     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  8.12  125.12, subdivision 3, is amended to read: 
  8.13     Subd. 3.  [PROBATIONARY PERIOD.] The first three 
  8.14  consecutive years of a teacher's first teaching experience in 
  8.15  Minnesota in a single school district shall be deemed to be a 
  8.16  probationary period of employment, and.  After completion 
  8.17  thereof of a probationary period, (1) the probationary period in 
  8.18  each school district in which the teacher is thereafter employed 
  8.19  shall be one year; (2) the probationary period shall be one year 
  8.20  when a teacher moves from one teaching level, such as 
  8.21  elementary, middle, or secondary school teaching, to another, or 
  8.22  to an assistant principal or principal position; and (3) the 
  8.23  probationary period shall be one year when a teacher changes a 
  8.24  district and teaching level at the same time.  The school board 
  8.25  shall adopt a plan for written evaluation of teachers during the 
  8.26  probationary period.  Evaluation shall occur at least three 
  8.27  times each year for a teacher performing services on 120 or more 
  8.28  school days, at least two times each year for a teacher 
  8.29  performing services on 60 to 119 school days, and at least one 
  8.30  time each year for a teacher performing services on fewer than 
  8.31  60 school days.  Days devoted to parent-teacher conferences, 
  8.32  teachers' workshops, and other staff development opportunities 
  8.33  and days on which a teacher is absent from school shall not be 
  8.34  included in determining the number of school days on which a 
  8.35  teacher performs services.  During the probationary period any 
  8.36  annual contract with any teacher may or may not be renewed as 
  9.1   the school board shall see fit; provided, however, that the 
  9.2   school board shall give any such teacher whose contract it 
  9.3   declines to renew for the following school year written notice 
  9.4   to that effect before June 1.  If the teacher requests reasons 
  9.5   for any nonrenewal of a teaching contract, the school board 
  9.6   shall give the teacher its reason in writing, including a 
  9.7   statement that appropriate supervision was furnished describing 
  9.8   the nature and the extent of such supervision furnished the 
  9.9   teacher during the employment by the board, within ten days 
  9.10  after receiving such request.  The school board may, after a 
  9.11  hearing held upon due notice, discharge a teacher during the 
  9.12  probationary period for cause, effective immediately, under 
  9.13  section 123.35, subdivision 5. 
  9.14     Sec. 4.  Minnesota Statutes 1994, section 125.12, 
  9.15  subdivision 4, is amended to read: 
  9.16     Subd. 4.  [TERMINATION OF CONTRACT AFTER PROBATIONARY 
  9.17  PERIOD.] (a) A teacher who has completed a probationary period 
  9.18  in any a school district, and who has not been discharged or 
  9.19  advised of a refusal to renew the teacher's contract pursuant to 
  9.20  subdivision 3, shall have a continuing contract with such the 
  9.21  district.  Thereafter, the teacher's Prior to the renewal of a 
  9.22  continuing contract, a teacher must receive a written 
  9.23  performance evaluation by a performance review board appointed 
  9.24  by the school board of the district employing the teacher.  A 
  9.25  continuing contract shall remain in full force and effect,:  (1) 
  9.26  until the contract's term expires; (2) except as until the 
  9.27  contract is modified or terminated by mutual consent of the 
  9.28  board and the teacher,; (3) until the contract is terminated by 
  9.29  a majority roll call vote of the full membership of the board 
  9.30  prior to April 1 upon one of the grounds specified in under 
  9.31  paragraph (b) and subdivision 6 or prior to June 1 upon one of 
  9.32  the grounds specified in; (4) until the teacher is placed on 
  9.33  unrequested leave of absence under subdivision 6a or 6b, or; (5) 
  9.34  until the teacher is discharged pursuant to subdivision 8,; or 
  9.35  (6) until the contract is terminated by the written resignation 
  9.36  of the teacher submitted prior to April 1; provided, however, 
 10.1   that if an agreement as to the terms and conditions of 
 10.2   employment for the succeeding school year has not been adopted 
 10.3   pursuant to the provisions of sections 179A.01 to 179A.25 prior 
 10.4   to March 1, the teacher's right of resignation shall be extended 
 10.5   to the 30th calendar day following the adoption of said the 
 10.6   contract in compliance with section 179A.20, subdivision 
 10.7   5.  Such The written resignation by the teacher shall be 
 10.8   effective as of June 30 if submitted prior to that date and the 
 10.9   teachers' right of resignation for the school year then 
 10.10  beginning shall cease on July 15.  
 10.11     (b) Before a teacher's continuing contract is terminated by 
 10.12  the board, the board shall notify the teacher in writing and 
 10.13  state its ground for the proposed termination in reasonable 
 10.14  detail together with a statement that the teacher may make a 
 10.15  written request for a hearing before the board within 14 days 
 10.16  after receipt of such the notification.  If the grounds are 
 10.17  those specified in teacher is terminated under subdivision 6 or 
 10.18  8, the notice must also state a teacher may request arbitration 
 10.19  under subdivision 9a.  Within 14 days after receipt of this 
 10.20  notification the teacher may make a written request for a 
 10.21  hearing before the board or an arbitrator and it shall be 
 10.22  granted upon reasonable notice to the teacher of the date set 
 10.23  for hearing, before final action is taken.  If no hearing is 
 10.24  requested within such the period, it shall be deemed 
 10.25  acquiescence by the teacher to the board's action.  Such The 
 10.26  termination shall take effect at the close of the school year in 
 10.27  which the contract is terminated in the manner aforesaid under 
 10.28  this subdivision.  Such 
 10.29     (c) A continuing contract may be terminated at any time by 
 10.30  mutual consent of the board and the teacher and. 
 10.31     (d) This section shall not affect the powers of a board to 
 10.32  suspend, discharge, or demote a teacher under and pursuant to 
 10.33  other provisions of law. 
 10.34     Sec. 5.  Minnesota Statutes 1994, section 125.12, 
 10.35  subdivision 6, is amended to read: 
 10.36     Subd. 6.  [GROUNDS FOR CONTRACT TERMINATION; EXTENSION.] A 
 11.1   If a school board determines that a teacher's performance is 
 11.2   unsatisfactory, the school board may terminate the teacher's 
 11.3   continuing contract may be terminated, effective at the close of 
 11.4   the school year, upon any of the following grounds: 
 11.5      (a) Inefficiency; 
 11.6      (b) Neglect of duty, or persistent violation of school 
 11.7   laws, rules, regulations, or directives; 
 11.8      (c) Conduct unbecoming a teacher which materially impairs 
 11.9   the teacher's educational effectiveness; 
 11.10     (d) Other good and sufficient grounds rendering the teacher 
 11.11  unfit to perform the teacher's duties. 
 11.12     A contract shall not be terminated upon one of the grounds 
 11.13  specified in clause (a), (b), (c), or (d), unless the teacher 
 11.14  shall have failed to correct the deficiency.  The board shall 
 11.15  notify the teacher in writing and state its reason for 
 11.16  termination.  A teacher may be granted a one-year contract 
 11.17  extension to correct an unsatisfactory performance after being 
 11.18  given written notice of the specific items of complaint and 
 11.19  reasonable time within which to remedy them.  
 11.20     Sec. 6.  Minnesota Statutes 1994, section 125.12, 
 11.21  subdivision 9a, is amended to read: 
 11.22     Subd. 9a.  [HEARING AND DETERMINATION BY ARBITRATOR.] A 
 11.23  teacher whose termination is proposed under subdivision 4 on 
 11.24  grounds specified in for unsatisfactory performance under 
 11.25  subdivision 6, or whose discharge is proposed under subdivision 
 11.26  8, may elect a hearing before an arbitrator instead of the 
 11.27  school board.  The hearing is governed by this subdivision.  
 11.28     (a) The teacher must make a written request for a hearing 
 11.29  before an arbitrator within 14 days after receiving notification 
 11.30  of proposed termination on grounds specified in for 
 11.31  unsatisfactory performance under subdivision 6 or within ten 
 11.32  days of receiving notification of proposed discharge under 
 11.33  subdivision 8.  If a request for a hearing does not specify that 
 11.34  the hearing be before an arbitrator, it shall be considered to 
 11.35  be a request for a hearing before the school board. 
 11.36     (b) If the teacher and the school board are unable to 
 12.1   mutually agree on an arbitrator, the school board shall request 
 12.2   from the bureau of mediation services a list of five persons to 
 12.3   serve as an arbitrator.  If the matter to be heard is a proposed 
 12.4   termination on grounds specified in for unsatisfactory 
 12.5   performance under subdivision 6, arbitrators on the list must be 
 12.6   available to hear the matter and make a decision within a time 
 12.7   frame that will allow the school board to comply with all 
 12.8   statutory timelines relating to termination.  If the teacher and 
 12.9   the school board are unable to mutually agree on an arbitrator 
 12.10  from the list provided, the parties shall alternately strike 
 12.11  names from the list until the name of one arbitrator remains.  
 12.12  The person remaining after the striking procedure shall be the 
 12.13  arbitrator.  If the parties are unable to agree on who shall 
 12.14  strike the first name, the question must be decided by a flip of 
 12.15  a coin.  The teacher and the school board shall share equally 
 12.16  the costs and fees of the arbitrator. 
 12.17     (c) The arbitrator shall determine, by a preponderance of 
 12.18  the evidence, whether the grounds reasons for termination or 
 12.19  discharge specified in under subdivision 6 or 8 exist to support 
 12.20  the proposed termination or discharge.  A lesser penalty than 
 12.21  termination or discharge may be imposed by the arbitrator only 
 12.22  to the extent that either party proposes such lesser penalty in 
 12.23  the proceeding.  In making the determination, the arbitration 
 12.24  proceeding is governed by sections 572.11 to 572.17 and by the 
 12.25  collective bargaining agreement applicable to the teacher.  
 12.26     (d) An arbitration hearing conducted under this subdivision 
 12.27  is a meeting for preliminary consideration of allegations or 
 12.28  charges within the meaning of section 471.705, subdivision 1d, 
 12.29  clause (c), and shall be closed, unless the teacher requests it 
 12.30  to be open. 
 12.31     (e) The arbitrator's award is final and binding on the 
 12.32  parties, subject to sections 572.18 to 572.26. 
 12.33     Sec. 7.  Minnesota Statutes 1994, section 125.12, 
 12.34  subdivision 10, is amended to read: 
 12.35     Subd. 10.  [DECISION.] After the hearing, the board shall 
 12.36  issue a written decision and order.  If the board orders 
 13.1   termination of a continuing contract or discharge of a teacher, 
 13.2   its decision shall include findings of fact based upon competent 
 13.3   evidence in the record and shall be served on the teacher, 
 13.4   accompanied by an order of termination or discharge, prior to 
 13.5   April 1 in the case of a contract termination for grounds 
 13.6   specified in for unsatisfactory performance under subdivision 6, 
 13.7   prior to June 1 for grounds specified in subdivision 6a or 6b, 
 13.8   or within ten days after conclusion of the hearing in the case 
 13.9   of a discharge.  If the decision of the board or of a reviewing 
 13.10  court is favorable to the teacher, the proceedings shall be 
 13.11  dismissed and the decision entered in the board minutes, and all 
 13.12  references to such proceedings shall be excluded from the 
 13.13  teacher's record file. 
 13.14     Sec. 8.  [EFFECTIVE DATE.] 
 13.15     Sections 1 to 7 are effective for the 1996-1997 school year.
 13.16                             ARTICLE 6
 13.17                               PELRA
 13.18     Section 1.  Minnesota Statutes 1994, section 179A.16, is 
 13.19  amended by adding a subdivision to read: 
 13.20     Subd. 1a.  [TEACHERS.] (a) For contracts between exclusive 
 13.21  representatives of teachers and public employers of teachers 
 13.22  other than the state, procedures for negotiation of agreements, 
 13.23  mediation and interest arbitration must be as otherwise provided 
 13.24  in this chapter until August 15 of the odd-numbered year.  If 
 13.25  either the public employer or the exclusive representative of 
 13.26  the teachers requests interest arbitration after August 15 of 
 13.27  the odd-numbered year, the commissioner shall request necessary 
 13.28  information from the parties, shall determine the matters not 
 13.29  agreed upon based on the efforts to mediate the dispute and the 
 13.30  positions submitted by the parties during negotiations or 
 13.31  mediation, and shall prepare a list of the items to be decided 
 13.32  by an arbitration panel.  The commissioner shall submit the list 
 13.33  of items to be decided by an arbitration panel to the parties.  
 13.34  Within 15 days of its receipt of the list of items to be decided 
 13.35  by an arbitration panel, the public employer shall notify the 
 13.36  commissioner whether it agrees to submission of those items to 
 14.1   interest arbitration. 
 14.2      (b) If the public employer agrees to submission of those 
 14.3   items to interest arbitration, those items must be submitted to 
 14.4   final-offer total-package interest arbitration and the result is 
 14.5   final and binding on the parties.  The parties may mutually 
 14.6   stipulate items to be excluded from arbitration. 
 14.7      (c) If the public employer does not respond to the 
 14.8   commissioner within 15 days of its receipt of the list of items 
 14.9   to be decided by an arbitration panel or if it rejects 
 14.10  submission of those items to interest arbitration, the teachers 
 14.11  may strike if they have complied with the following: 
 14.12     (1) the exclusive representative of the teachers has 
 14.13  submitted the last offer of the public employer to a secret vote 
 14.14  by the membership of the teacher bargaining unit and it has been 
 14.15  rejected; and 
 14.16     (2) after the rejection of the public employer's last 
 14.17  offer, the teachers have complied with the notice procedures of 
 14.18  section 179A.18, subdivision 3. 
 14.19     (d) If neither the public employer nor the exclusive 
 14.20  representative of the teachers requests interest arbitration, 
 14.21  this chapter applies. 
 14.22     Sec. 2.  Minnesota Statutes 1994, section 179A.17, 
 14.23  subdivision 1, is amended to read: 
 14.24     Subdivision 1.  [FOR TEACHERS.] If a new or different 
 14.25  exclusive representative of teachers employed by a local school 
 14.26  district is certified by the commissioner at any time other than 
 14.27  the period between 120 days before the termination date of a 
 14.28  contract and the termination date of the contract, or if on July 
 14.29  1 of any odd-numbered year a representation proceeding involving 
 14.30  the employer and the employer's teachers is before the 
 14.31  commissioner, section 179A.18, subdivision 2, clause (1), shall 
 14.32  apply.  In those cases, however, the employer and the exclusive 
 14.33  representative of the teachers shall execute a written contract 
 14.34  or memorandum of contract no later than 60 days after a 
 14.35  certification by the commissioner of a new or different 
 14.36  exclusive representative or the resolution by the commissioner 
 15.1   of a representation proceeding.  Either party may petition the 
 15.2   commissioner for assistance in reaching an agreement.  If the 
 15.3   employer and the exclusive representative of the teachers fail 
 15.4   to execute a contract by 60 days after the certification of a 
 15.5   new or different exclusive representative or the resolution by 
 15.6   the commissioner of a representation proceeding, they shall be 
 15.7   conclusively presumed to be at an impasse after having 
 15.8   participated in mediation as specified in section 179A.18, 
 15.9   subdivision 2, clause (1)(b).  After the 60 days, section 
 15.10  179A.16, subdivision 1a, applies as though agreement had not 
 15.11  been reached by August 15 of the odd-numbered year. 
 15.12     Sec. 3.  [179A.32] [NOTICE OF LAYOFFS.] 
 15.13     Notwithstanding any law to the contrary or governing 
 15.14  collective bargaining agreements, school districts and school 
 15.15  boards shall not be required to notify teachers or their 
 15.16  exclusive representatives of layoffs until 30 days prior to the 
 15.17  beginning of the school year. 
 15.18     Sec. 4.  [REPEALER.] 
 15.19     Minnesota Statutes 1995 Supplement, section 124A.22, 
 15.20  subdivision 2a, is repealed. 
 15.21     Sec. 5.  [EFFECTIVE DATE.] 
 15.22     Sections 1, 2, and 4 are effective July 1, 1996. 
 15.23                             ARTICLE 7
 15.24                   ADMINISTRATIVE STAFF LICENSURE
 15.25     Section 1.  Minnesota Statutes 1995 Supplement, section 
 15.26  125.05, subdivision 2, is amended to read: 
 15.27     Subd. 2.  [EXPIRATION AND RENEWAL.] (a) Each license issued 
 15.28  through the licensing section of the department of children, 
 15.29  families, and learning must bear the date of issue.  Licenses 
 15.30  must expire and be renewed in accordance with the respective 
 15.31  rules adopted by the board of teaching or the state board of 
 15.32  education.  Requirements for renewal of a license must include 
 15.33  production of satisfactory evidence of successful teaching 
 15.34  experience for at least one school year during the period 
 15.35  covered by the license in grades or subjects for which the 
 15.36  license is valid or completion of such additional preparation as 
 16.1   the board of teaching shall prescribe. 
 16.2      (b) Requirements for renewal of the licenses of supervisory 
 16.3   personnel must be established by the state board of 
 16.4   education.  The requirements must include, but not be limited 
 16.5   to, supervisory personnel providing evidence of 40 hours in 
 16.6   classroom teaching or other direct experience with students 
 16.7   during a five-year period. 
 16.8                              ARTICLE 8
 16.9                          WAIVER OF STATUTES
 16.10     Section 1.  [121.115] [WAIVER OF STATUTORY REQUIREMENTS.] 
 16.11     (a) Notwithstanding any law to the contrary, a school 
 16.12  district may petition the commissioner in writing to waive or 
 16.13  modify any statutory requirement.  The petitioning school 
 16.14  district must demonstrate to the commissioner that the statutory 
 16.15  requirement is impeding the achievement of education outcomes. 
 16.16     (b) Before a school district submits its application to the 
 16.17  commissioner, the school board of the school district must hold 
 16.18  a public hearing to approve or disapprove the application.  
 16.19  During the hearing, educators, parents, and students must have 
 16.20  an opportunity to testify.  At least seven calendar days before 
 16.21  the hearing, the school district must publish notice of the 
 16.22  hearing in at least one newspaper of general circulation within 
 16.23  the school district.  The notice must set forth the time, date, 
 16.24  place, and general subject matter of the hearing. 
 16.25     (c) A school district must submit an approved application 
 16.26  to the commissioner within 15 days of the date of the district 
 16.27  hearing on the application.  The commissioner must review and 
 16.28  approve or disapprove the application within 45 days of 
 16.29  receipt.  The commissioner may disapprove any application that 
 16.30  contains unsound educational practices, endangers the health or 
 16.31  safety of students or staff, compromises equal opportunities for 
 16.32  learning, or does not remove an impediment to the achievement of 
 16.33  educational outcomes.  The commissioner's decision must be in 
 16.34  writing and include specific reasons for the approval or 
 16.35  disapproval.  If the commissioner fails to act within the 45-day 
 16.36  period, the school district may submit the application to the 
 17.1   state board for consideration under paragraph (d). 
 17.2      (d) The school district may appeal a disapproved 
 17.3   application or submit an application the commissioner failed to 
 17.4   act on to the state board within 15 days of (1) the date on 
 17.5   which the commissioner disapproves the application, or (2) the 
 17.6   end of the commissioner's 45-day period for consideration of the 
 17.7   application if the commissioner has not made a decision on the 
 17.8   application.  The state board must review the application and 
 17.9   commissioner's decision, when a decision has been made, within 
 17.10  45 days of receipt.  The state board's decision shall be final.  
 17.11  If the state board fails to act within the 45-day period, the 
 17.12  application shall be regarded as approved. 
 17.13     (e) An approved waiver or modification may remain in effect 
 17.14  for a period not to exceed three school years and may be renewed 
 17.15  upon application by the school district. 
 17.16     Sec. 2.  [EFFECTIVE DATE.] 
 17.17     Section 1 is effective for the 1996-1997 school year and 
 17.18  thereafter.