HF 2380

as introduced - 88th Legislature (2013 - 2014) Posted on 04/25/2014 11:10am

A bill for an act
relating to education; making decisions affecting teachers' unrequested leaves of
absence and teaching assignments; amending Minnesota Statutes 2012, sections
122A.40, subdivision 10; 122A.41, subdivision 14; repealing Minnesota Statutes
2012, section 122A.40, subdivision 11.

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

Section 1.

Minnesota Statutes 2012, 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. 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, paragraph (c), or the reinstatement of a teacher holding a provisional license, other
than a vocational education license, contrary to the provisions of subdivision 11, paragraph
(e). deleted text end The provisions of section 179A.16 do not apply for the purposes of this subdivision.

new text begin (b) For purposes of placing a teacher on unrequested leave of absence or recalling
a teacher from unrequested leave of absence, a school board is not required to reassign
a teacher with more seniority to accommodate the seniority claims of a teacher who is
similarly licensed and effective but with less seniority.
new text end

new text begin (c) Notwithstanding other law to the contrary, if a school board and the exclusive
representative of the teachers do not agree to a plan providing for unrequested leaves of
absence under paragraph (a), the school board must base decisions affecting teachers'
unrequested leaves of absence and teaching assignments on teacher evaluation outcomes
under subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning in the 2016-2017 school
year and later.
new text end

Sec. 2.

Minnesota Statutes 2012, section 122A.41, subdivision 14, is amended to read:

Subd. 14.

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

(a) 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. new text begin For purposes of discharging, demoting, or recalling a teacher whose services
are discontinued or terminated under this subdivision, a school board is not required to
reassign a teacher with more seniority to accommodate the seniority claims of a teacher
who is similarly licensed and effective but with less seniority.
new text end

(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) 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 (d) Notwithstanding other provisions of this subdivision, a school board may base
decisions affecting teachers' unrequested leaves of absence and teaching assignments on
teacher evaluation outcomes under subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning in the 2016-2017 school
year and later.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 122A.40, subdivision 11, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end