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Minnesota Legislature

Office of the Revisor of Statutes

HF 3585

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 11:21am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/09/2010

Current Version - as introduced

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A bill for an act
relating to education; establishing a due process for charter school teachers
facing discipline or discharge; prohibiting a charter school from punishing a
teacher who reports violations of law or school policy; amending Minnesota
Statutes 2009 Supplement, section 124D.10, subdivision 11.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 11,
is amended to read:


Subd. 11.

Employment and other operating matters.

(a) A charter school must
employ or contract with necessary teachers, as defined by section 122A.15, subdivision 1,
who hold valid licenses to perform the particular service for which they are employed in
the school. The charter school's state aid may be reduced under section 127A.43 if the
school employs a teacher who is not appropriately licensed or approved by the board of
teaching. The school may employ necessary employees who are not required to hold
teaching licenses to perform duties other than teaching and may contract for other services.

new text begin (b) A teacher's initial employment contract must be in writing, include terms and
conditions of employment, and be signed by the employee and the charter school board of
directors.
new text endThe school may dischargenew text begin or disciplinenew text end teachers and nonlicensed employeesnew text begin
for just cause
new text end. deleted text beginThe charter school board is subject to section 181.932. When offering
employment to a prospective employee, a charter school must give that employee a written
description of the terms and conditions of employment and the school's personnel policies.
deleted text endnew text begin
A charter school must give a teacher written notice of its intent to discharge or discipline
that teacher. A teacher who is discharged or disciplined may make a written request to the
charter school for a hearing before an arbitrator within 14 calendar days after receiving
notice of the discharge or discipline. A charter school, within two business days after
receiving the teacher's request for a hearing, must request from the Bureau of Mediation
Services a list of five persons to serve as an arbitrator. The teacher and the charter school
shall alternately strike names from the list until the name of one arbitrator remains. The
question of who strikes first must be decided by a coin toss. The teacher and the charter
school must share equally in the arbitrator's costs and fees.
new text end

new text begin (c) The charter school board of directors shall not discharge, discipline, threaten or
discriminate against, or penalize an employee regarding the employee's compensation,
terms or conditions of work, or location or privileges of employment because the
employee, or a person acting on the employee's behalf, reports information in good faith
to the department, the state of Minnesota, a local law enforcement agency, the charter
school board, or a school administrator concerning the school's financial circumstances,
educational performance, a conflict of interest, or other violation of law or school policy.
Reasonable attorney fees must be awarded to a substantially prevailing employee if action
is taken that violates this paragraph.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end A person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties. The board of directors shall
establish qualifications for persons that hold administrative, supervisory, or instructional
leadership roles. The qualifications shall include at least the following areas: instruction
and assessment; human resource and personnel management; financial management;
legal and compliance management; effective communication; and board, authorizer, and
community relationships. The board of directors shall use those qualifications as the basis
for job descriptions, hiring, and performance evaluations of those who hold administrative,
supervisory, or instructional leadership roles. The board of directors and an individual
who does not hold a valid administrative license and who serves in an administrative,
supervisory, or instructional leadership position shall develop a professional development
plan. Documentation of the implementation of the professional development plan of these
persons shall be included in the school's annual report.

deleted text begin (c)deleted text endnew text begin (e)new text end The board of directors also shall decide matters related to the operation of the
school, including budgeting, curriculum and operating procedures.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all charter school agreements entered into or modified after that date.
new text end