HF 3990

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:05pm

A bill for an act
relating to education; creating a deadline for teacher contracts; imposing a penalty
for late contracts; proposing coding for new law in Minnesota Statutes, chapter
123B.

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

Section 1.

new text begin [123B.051] CONTRACT DEADLINE AND PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (a) "Public employer" means:
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new text begin (1) a district; and
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new text begin (2) a public employer, as defined in section 179A.03, subdivision 15, other than a district
that:
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new text begin (i) negotiates a contract under chapter 179A with teachers; and
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new text begin (ii) is established by, receives state money, or levies under chapters 120A to 129C, or
136D, or 268A.
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new text begin (b) "Teacher" means a person, other than a superintendent, assistant superintendent,
principal, assistant principal, or a supervisor or confidential employee who occupies a
position for which the person must be licensed by the Professional Educator Licensing and
Standards Board, the former Board of Technical Colleges, or the Board of Trustees of the
Minnesota State Colleges and Universities.
new text end

new text begin Subd. 2. new text end

new text begin Contract deadline date; state aid penalty. new text end

new text begin Notwithstanding any law to the
contrary, a public employer and the exclusive representative of the teachers must both sign
a collective bargaining agreement on or before January 15 of an even-numbered calendar
year. If a collective bargaining agreement is not signed by that date, state aid paid to the
public employer for that fiscal year must be reduced. State aid must not be reduced if:
new text end

new text begin (1) a public employer and the exclusive representative of the teachers have submitted
all unresolved contract items to interest arbitration according to section 179A.16 before
December 31 of an odd-numbered year and filed required final positions on all unresolved
items with the commissioner of mediation services before January 15 of an even-numbered
year; and
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new text begin (2) the arbitration panel has issued its decision within 60 days after the date the final
positions were filed.
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new text begin Subd. 3. new text end

new text begin State aid penalty exemptions. new text end

new text begin (a) For a district that reorganizes according to
sections 123A.35 to 123A.43, 123A.46, or 123A.48, effective July 1 of an odd-numbered
year, state aid must not be reduced according to this section if the board and the exclusive
representative of the teachers both sign a collective bargaining agreement on or before the
March 15 following the effective date of reorganization.
new text end

new text begin (b) For a district that jointly negotiates a contract before the effective date of
reorganization under sections 123A.35 to 123A.43, 123A.46, or 123A.48, that for the first
time includes teachers in all districts to be reorganized, state aid must not be reduced
according to this section if the board and the exclusive representative of the teachers sign
a collective bargaining agreement on or before the March 15 following the expiration of
the teacher contracts in each district involved in the joint negotiation.
new text end

new text begin (c) Only one extension of the contract deadline is available to a district under this
subdivision.
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new text begin Subd. 4. new text end

new text begin Calculation of state aid reduction. new text end

new text begin (a) The state aid reduction under subdivision
2 must equal $25 times the number of adjusted pupil units:
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new text begin (1) for a district, that are in the district during that fiscal year; or
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new text begin (2) for a public employer other than a district, that are in programs provided by the
employer during the preceding fiscal year.
new text end

new text begin (b) The department must determine the number of full-time equivalent resident pupil
units in the programs. The department must reduce general education aid. If general education
aid is insufficient or not paid, the department must reduce other state aids.
new text end

new text begin Subd. 5. new text end

new text begin State aid reductions returned to general fund. new text end

new text begin Reductions from aid to districts
and public employers other than districts must be returned to the general fund.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for collective bargaining agreements
whose terms begin July 1, 2019, and later.
new text end