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Minnesota Legislature

Office of the Revisor of Statutes

HF 4255

as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 02:44pm

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

Current Version - as introduced

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A bill for an act
relating to education; modifying probationary period provisions for teachers and
principals in school districts outside cities of the first class;amending Minnesota
Statutes 2016, section 122A.40, subdivisions 5, 7, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 122A.40, subdivision 5, is amended to read:


Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's deleted text beginfirstdeleted text end
teaching experience deleted text beginin Minnesotadeleted text end in a deleted text beginsingledeleted text end district is deleted text begindeemed to be adeleted text endnew text begin thenew text end probationary
period of employmentdeleted text begin, and, the probationary period in each district in which the teacher is
thereafter employed shall be one year
deleted text end. The school board must adopt a plan for written
evaluation of teachers during the probationary period that is consistent with subdivision 8.
Evaluation must occur at least three times periodically throughout each school year for a
teacher performing services during that school year; the first evaluation must occur within
the first 90 days of teaching service. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school must not be included in determining the number of school days on which a
teacher performs services. Except as otherwise provided in paragraph (b), during the
probationary period any annual contract with any teacher may or may not be renewed as
the school board shall see fit. However, the board must give any such teacher whose contract
it declines to renew for the following school year written notice to that effect before July
1. deleted text beginIf the teacher requests reasons for any nonrenewal of a teaching contract, the board must
give the teacher its reason in writing, including a statement that appropriate supervision
was furnished describing the nature and the extent of such supervision furnished the teacher
during the employment by the board, within ten days after receiving such request. The
school board may, after a hearing held upon due notice, discharge a teacher during the
probationary period for cause, effective immediately, under section 122A.44.
deleted text endnew text begin The board
may discharge or demote a teacher during the teacher's probationary period for any cause
specified in section 122A.40 or 122A.41. The board must give a probationary teacher a
written statement notifying the teacher of the cause for discharge or demotion at least 30
days before discharging or demoting the teacher. A probationary teacher that receives notice
of discharge or demotion has no right of appeal.
new text end

(b) A board must discharge a probationary 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.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least 120 days of teaching service each year
during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2016, section 122A.40, subdivision 7, is amended to read:


Subd. 7.

Termination of contract after probationary period.

(a) A teacher who has
completed a probationary period in any district, and who has not been discharged or advised
of a refusal to renew the teacher's contract under subdivision 5, shall elect to have a
continuing contract deleted text beginwith such district where contractdeleted text endnew text begin and continues to hold a position during
good behavior and efficient and competent service, and must not be discharged or demoted
except:
new text end

new text begin (1) for cause under subdivision 9, 12, or 13, after a hearing; or
new text end

new text begin (2) due to a discontinuance of the teacher's position or a lack of pupils.
new text end

new text begin Thenew text end terms and conditionsnew text begin of a teacher's employmentnew text end, including salary and salary increases,
deleted text begin are establisheddeleted text endnew text begin must benew text end based either on the length of the school calendar or an extended
school calendar under section 120A.415. deleted text beginThereafter, the teacher's contract must remain in
full force and effect, except as modified by mutual consent of the board and the teacher,
until terminated by a majority roll call vote of the full membership of the board prior to
April 1 upon one of the grounds specified in subdivision 9 or July 1 upon one of the grounds
specified in subdivision 10 or 11, or until the teacher is discharged pursuant to subdivision
13, or by the written resignation of the teacher submitted prior to April 1. If an agreement
as to the terms and conditions of employment for the succeeding school year has not been
adopted pursuant to the provisions of sections 179A.01 to 179A.25 prior to March 1, the
teacher's right of resignation is extended to the 30th calendar day following the adoption
of said contract in compliance with section 179A.20, subdivision 5. Such written resignation
by the teacher is effective as of June 30 if submitted prior to that date and the teachers' right
of resignation for the school year then beginning shall cease on July 15.
deleted text end Before a teacher's
contract is terminated by the board, the board must notify the teacher in writing and state
its ground for the proposed termination in reasonable detail together with a statement that
the teacher may make a written request for a hearing before the board within 14 days after
receipt of such notification. deleted text beginIf the grounds are those specified in subdivision 9 or 13, the
notice must also state a teacher may request arbitration under subdivision 15. Within 14
days after receipt of this notification the teacher may make a written request for a hearing
before the board or an arbitrator and it shall be granted upon reasonable notice to the teacher
of the date set for hearing, before final action is taken. If no hearing is requested within
such period, it shall be deemed acquiescence by the teacher to the board's action. Such
termination shall take effect at the close of the school year in which the contract is terminated
in the manner aforesaid. Such
deleted text endnew text begin The board and the teacher may mutually consent to terminate
an employment
new text end contract deleted text beginmay be terminateddeleted text end at any time deleted text beginby mutual consent of the board and
the teacher
deleted text endnew text begin,new text end and this section does not affect the powers of a board to suspend, discharge, or
demote a teacher under and pursuant to other provisions of law.

(b) A teacher electing to have a continuing contract based on the extended school calendar
under section 120A.415 must participate in staff development training under subdivision
7a and shall receive an increased base salary.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2016, section 122A.40, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Probationary period for principals hired internally. new text end

new text begin (a) A board and the
exclusive representative of the school principals in the district may negotiate a plan for a
probationary period of up to two years for:
new text end

new text begin (1) a licensed school principal or assistant principal who was previously employed by
the board as a licensed teacher; and
new text end

new text begin (2) a licensed principal who was previously employed by the board as a licensed assistant
principal.
new text end

new text begin (b) This subdivision applies to all principal and assistant principal contracts entered into
or modified after the effective date of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end