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HF 2651

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/02/2012 02:01pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; authorizing suspensions without pay for teachers charged
with felonies; amending Minnesota Statutes 2010, section 122A.40, subdivision


Section 1.

Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to

Subd. 13.

Immediate discharge.

(a) Except as otherwise provided in paragraph
(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
of the following grounds:

(1) immoral conduct, insubordination, or conviction of a felony;

(2) conduct unbecoming a teacher which requires the immediate removal of the
teacher from classroom or other duties;

(3) failure without justifiable cause to teach without first securing the written release
of the school board;

(4) gross inefficiency which the teacher has failed to correct after reasonable written

(5) willful neglect of duty; or

(6) continuing physical or mental disability subsequent to a 12 months leave of
absence and inability to qualify for reinstatement in accordance with subdivision 12.

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

Prior to discharging a teacher under this paragraph, the board must notify the
teacher in writing and state its ground for the proposed discharge in reasonable detail.
Within ten days after receipt of this notification the teacher may make a written request
for a hearing before the board and it shall be granted before final action is taken. The
board maydeleted text begin, however,deleted text end suspend a teacher with pay pending the conclusion of deleted text beginsuchdeleted text endnew text begin thenew text end
hearing and determination of the issues raised in the hearing after charges have been
filed which constitute ground for text begin If a teacher has been charged with a felony
and the underlying conduct that is the subject of the felony charge is a ground for a
proposed immediate discharge, the suspension pending the conclusion of the hearing
and determination of the issues may be without pay. If a hearing under this paragraph
is held, the board must reimburse the teacher for any salary, benefits, or any other
employment-related compensation including pension contributions withheld if the final
decision of the board or the arbitrator does not result in suspension, termination, or
discharge of the teacher.
new text end

(b) A board must discharge a continuing-contract teacher, effective 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