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Minnesota Legislature

Office of the Revisor of Statutes

HF 2385

as introduced - 87th Legislature (2011 - 2012) Posted on 02/20/2012 01:11pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/20/2012

Current Version - as introduced

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A bill for an act
relating to education; modifying certain unrequested leave of absence provisions
for teachers; amending Minnesota Statutes 2010, sections 122A.40, subdivisions
10, 11; 122A.41, subdivision 14; 179A.20, by adding a subdivision; repealing
Minnesota Statutes 2010, section 122A.40, subdivision 11.

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.

The school board and the
exclusive bargaining representative of the teachers deleted text beginmaydeleted text endnew text begin mustnew text end negotiate a plannew text begin, consistent
with subdivision 8,
new text end 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 beginFailing 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 licensedeleted text begin, contrary to the provisions of subdivision 11, clause (c),deleted text end or the
reinstatement of a teacher holding a provisional license, other than a vocational education
licensedeleted text begin, contrary to the provisions of subdivision 11, clause (e)deleted text end. The provisions of section
179A.16 do not apply for the purposes of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning in the 2017-2018 school
year and later.
new text end

Sec. 2.

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


Subd. 11.

Unrequested leave of absence.

new text begin(a) new text endThe 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, deleted text beginthe board is governed by the
following provisions:
deleted text endnew text begin the board may exempt from the effects of paragraphs (b) to (g) those
teachers who teach in a Montessori or a language immersion program, provide instruction
in an advanced placement course, or hold a kindergarten through grade 12 instrumental
vocal classroom music license and currently serve as a choir, band, or orchestra director
and who, in the superintendent's judgment, meet a unique need in delivering curriculum.
However, within the Montessori or language immersion program, a teacher must be placed
on unrequested leave of absence consistent with paragraphs (b) to (g).
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end 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 licenseddeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end 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 negotiabledeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end Notwithstanding the provisions of deleted text beginclause (b)deleted text endnew text begin paragraph (c)new text end, 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 deleted text beginclausedeleted text endnew text begin paragraphnew text end do not apply to vocational
education licensesdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end Notwithstanding deleted text beginclauses (a), (b) and (c)deleted text endnew text begin paragraphs (b), (c), and (d)new text end, 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 deleted text beginclause (c)deleted text endnew text begin
paragraph (d)
new text end 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 teacherdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (e)deleted text endnew 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 negotiabledeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (f)deleted text endnew 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 boarddeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (g)deleted text endnew 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 leavedeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (h)deleted text endnew 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 servicedeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (i)deleted text endnew 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 shall terminate. 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 reinstatementdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (j)deleted text endnew text begin (k)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
absencedeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (k)deleted text endnew text begin (l)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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 through 2016-2017
school years.
new text end

Sec. 3.

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) deleted text beginA 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.
deleted text end In the event it becomes necessary to discontinue one
or more positionsnew text begin in the 2012-2013 through 2016-2017 school yearsnew text end, in making such
discontinuance, teachers must new text beginreceive first consideration for other positions in the district
for which that teacher is qualified and must
new text endbe discontinued deleted text beginin any departmentdeleted text end in the
inverse order in which they were employeddeleted text begin, unlessdeleted text endnew text begin.
new text end

new text begin (b) Beginning in the 2017-2018 school year and later, new text end a board and the exclusive
representative of teachers in the district new text beginmust new text endnegotiate a plan deleted text beginproviding otherwisedeleted text endnew text begin,
consistent with subdivision 5, for discontinuing and terminating teachers under this
subdivision
new text end.

deleted text begin (b)deleted text end new text begin(c) For the 2012-2013 through 2016-2017 school years, the board may exempt
from the effects of paragraph (a) those teachers who teach in a Montessori or a language
immersion program or provide instruction in an advanced placement course and who, in
the superintendent's judgment, meet a unique need in delivering curriculum. However,
within the Montessori or language immersion program, a teacher shall be discontinued
based on the inverse order in which the teacher was employed.
new text end

new text begin (d) new text endNotwithstanding the provisions of deleted text beginclausedeleted text endnew text begin paragraphnew text end (a), new text beginfor the 2012-2013
through 2016-2017 school years,
new text enda 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 deleted text beginthe termination ofdeleted text endnew text begin terminating thenew text end 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 deleted text beginclausedeleted text endnew text begin paragraphnew text end do not apply
to vocational education licenses.

deleted text begin (c)deleted text end new text begin(e) new text endNotwithstanding the provisions of deleted text beginclausedeleted text endnew text begin paragraphnew text end (a), new text beginfor the 2012-2013
through 2016-2017 school years,
new text enda 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 July 1, 2012, and applies to
negotiated discharge or demotion plans agreed to on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 179A.20, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Unrequested leave of absence for teachers. new text end

new text begin A school board and the
exclusive representative of the teachers may not execute a contract unless the contract
contains a plan for unrequested leave of absence under section 122A.40, subdivision 10,
or a plan for discontinuing or terminating teachers under section 122A.41, subdivision 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning in the 2017-2018 school
year and later.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 122A.40, subdivision 11, new text end new text begin is repealed effective
for the 2017-2018 school year and later.
new text end