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HF 645

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 03:41pm

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A bill for an act
relating to education; clarifying the requirements for issuing Minnesota teaching
licenses to out-of-state applicants; amending Minnesota Statutes 2014, sections
122A.23, subdivision 1; 122A.40, subdivisions 5, 7; 122A.41, subdivisions 2, 4;
repealing Minnesota Statutes 2014, section 122A.23, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 122A.23, subdivision 1, is amended to read:


Subdivision 1.

Preparation equivalency.

(a) When a license to teach is authorized
to be issued to any holder of a diploma or a degree of a Minnesota state university, or of the
University of Minnesota, or of a liberal arts university, or a technical training institution,
such license may also, in the discretion of the Board of Teaching or the commissioner of
education, whichever has jurisdiction, be issued may issue such license to any holder of a
diploma or a degree of a teacher training institution of equivalent rank and standing of any
other state. The diploma or degree must be granted by virtue of completing a course in
teacher preparation essentially equivalent in content to that required by such Minnesota
state university or the University of Minnesota or a liberal arts university in Minnesota
or a technical training institution as preliminary to the granting of a diploma or a degree
of the same rank and class. For purposes of granting a Minnesota teaching license to a
person who receives a diploma or degree from a state-accredited, out-of-state teacher
training program leading to licensure, the Board of Teaching must establish criteria and
streamlined procedures to
recognize the experience and professional credentials of the
person holding the out-of-state diploma or degree and allow that person to demonstrate
to the board the person's qualifications for receiving
issue a Minnesota teaching license
based on performance measures the board adopts under this section to that person if the
person meets the applicable requirements under (1) section 122A.40, subdivisions 5 and
7, for a continuing contract or section 122A.41, subdivisions 2 and 4, for tenure, and (2)
section 123B.03, subdivision 1, paragraph (d), for a criminal history background check of
nonstate residents offered employment in a school
.

(b) The Board of Teaching must issue a temporary one-year teaching license to an
out-of-state applicant under this subdivision who notifies the board, in the form and manner
prescribed by the board, of an offer of employment from a local school district. Consistent
with the three-year probationary period required under section 122A.40, subdivision 5, or
122A.41, subdivision 2, the board must issue an additional one-year teaching license to the
applicant each time the employing school district renews the applicant's annual teaching
contract during the probationary period and notifies the board of the renewal before July 1.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 2.

Minnesota Statutes 2014, section 122A.40, subdivision 5, is amended to read:


Subd. 5.

Probationary period; new-to-the-profession and out-of-state teachers.

(a) The first three consecutive years of a teacher's first teaching experience in Minnesota in
a single district, whether the teacher is new to the teaching profession or new to the state
and holds a valid out-of-state teaching license under section 122A.23, subdivision 1,
is
deemed to be a probationary period of employment, and, the probationary period in each
district in which the teacher is thereafter employed shall be one year. 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. If 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. A school board that renews the annual contract of an out-of-state
teacher under this paragraph must notify the Board of Teaching of its action before July 1.

(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.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 3.

Minnesota Statutes 2014, 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 with such district where contract terms and conditions, including
salary and salary increases, are established based either on the length of the school calendar
or an extended school calendar under section 120A.415. Thereafter, 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.
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. If 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 contract may be terminated at any time by mutual
consent of the board and the teacher 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.

(c) A probationary teacher holding a valid out-of-state teaching license under section
122A.23, subdivision 1, who completes the probationary period under subdivision 5,
is not discharged or advised of a board's refusal to renew the teacher's contract during
the probationary period, and is eligible for a continuing contract, is eligible to receive a
Minnesota teaching license under section 122A.23, subdivision 1.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 4.

Minnesota Statutes 2014, section 122A.41, subdivision 2, is amended to read:


Subd. 2.

Probationary period for new-to-the-profession and out-of-state
teachers
; discharge or demotion.

(a) All teachers in the public schools in cities of the
first class during the first three years of consecutive employment shall be deemed to be in a
probationary period of employment, whether the teacher is new to the teaching profession
or new to the state and holds a valid out-of-state teaching license under section 122A.23,
subdivision 1,
during which period any annual contract with any teacher may, or may not,
be renewed as the school board, after consulting with the peer review committee charged
with evaluating the probationary teachers under subdivision 3, shall see fit. The school site
management team or the school board if there is no school site management team, shall
adopt a plan for a written evaluation of teachers during the probationary period according
to subdivisions 3 and 5. Evaluation by the peer review committee charged with evaluating
probationary teachers under subdivision 3 shall 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 shall not be included in
determining the number of school days on which a teacher performs services. The school
board may, during such probationary period, discharge or demote a teacher for any of the
causes as specified in this code. A written statement of the cause of such discharge or
demotion shall be given to the teacher by the school board at least 30 days before such
removal or demotion shall become effective, and the teacher so notified shall have no right
of appeal therefrom. A school board that renews the annual contract of an out-of-state
teacher under this paragraph must notify the Board of Teaching of its action before July 1.

(b) 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).

(c) 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.

(d) 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.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 5.

Minnesota Statutes 2014, section 122A.41, subdivision 4, is amended to read:


Subd. 4.

Period of service after probationary period; discharge or demotion.

(a)
After the completion of such probationary period, without discharge, such teachers as are
thereupon reemployed shall continue in service and hold their respective position during
good behavior and efficient and competent service and must not be discharged or demoted
except for cause after a hearing. The terms and conditions of a teacher's employment
contract, including salary and salary increases, must be based either on the length of the
school year or an extended school calendar under section 120A.415.

(b) A probationary teacher is deemed to have been reemployed for the ensuing
school year, unless the school board in charge of such school gave such teacher notice in
writing before July 1 of the termination of such employment.

(c) A teacher electing to have an employment contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 4a and shall receive an increased base salary.

(d) A probationary teacher holding a valid out-of-state teaching license under section
122A.23, subdivision 1, who completes the probationary period under subdivision 2, is
not discharged or advised of a board's refusal to renew the teacher's contract during the
probationary period, and is eligible to have a continuing contract, is eligible to receive a
Minnesota teaching license under section 122A.23, subdivision 1.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 6. REPEALER.

Minnesota Statutes 2014, section 122A.23, subdivision 2, is repealed July 1, 2015.

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