HF 2786

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; prohibiting negotiation of 
  1.3             teacher contracts during the school year; repealing 
  1.4             the January 15 penalty for failing to settle teacher 
  1.5             contracts; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 179A; repealing Minnesota Statutes 
  1.7             2002, section 123B.05, subdivisions 2, 3, 4, 5; 
  1.8             Minnesota Statutes 2003 Supplement, section 123B.05, 
  1.9             subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [179A.145] [PERIOD DURING WHICH NEGOTIATIONS 
  1.12  ARE PROHIBITED.] 
  1.13     Subdivision 1.  [PROHIBITION.] A school board and the 
  1.14  exclusive representative of teachers in a district may not meet 
  1.15  and negotiate and may not enter into a contract during the 
  1.16  period beginning with the district's first student contact day 
  1.17  in the fall and ending with the last student contact day the 
  1.18  next spring. 
  1.19     Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply: 
  1.20     (1) if the school board and the exclusive representative of 
  1.21  teachers certify in writing to the commissioner of mediation 
  1.22  services that they have entered into a tentative agreement 
  1.23  before the first student contact day in the fall, to the extent 
  1.24  the parties enter into a final contract based on the tentative 
  1.25  agreement certified to the commissioner; 
  1.26     (2) during a period in which the school board postpones the 
  1.27  first student contact day from the regularly scheduled starting 
  2.1   date; 
  2.2      (3) if the school board and the exclusive representative 
  2.3   agree, before the first student contact day in the fall, to 
  2.4   binding interest arbitration of items in dispute, to the extent 
  2.5   the parties enter into a contract to confirm the results of the 
  2.6   arbitrator's decision; or 
  2.7      (4) if the teachers in the district are on strike on the 
  2.8   district's first student contact day in the fall. 
  2.9      Subd. 3.  [RELATION TO OTHER LAW.] This section supersedes 
  2.10  any conflicting provisions of other law. 
  2.11     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  2.12     Sec. 2.  [REPEALER.] 
  2.13     Minnesota Statutes 2002, section 123B.05, subdivisions 2, 
  2.14  3, 4, and 5; and Minnesota Statutes 2003 Supplement, section 
  2.15  123B.05, subdivision 1, are repealed. 
  2.16     [EFFECTIVE DATE.] This section is effective July 1, 2005.