SF 251

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:35am

A bill for an act
relating to education; providing for five-year continuing teacher contracts;
amending Minnesota Statutes 2010, sections 122A.40, subdivision 7, by adding a
subdivision; 122A.41, subdivision 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 122A.40, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Continuing contract. new text end

new text begin A school board must record a majority roll call
vote of the full membership of the board to either offer a teacher a continuing contract,
discharge the teacher, or retain the teacher without a continuing contract at the end of
the teacher's probationary period. The term of a continuing contract must not exceed
five years. At the end of every five years of a teacher's service, a school board must
record a majority roll call vote of the full membership of the board to renew the teacher's
continuing contract for an additional five years, retain the teacher without a continuing
contract, or terminate the teacher's employment. At a minimum, a school board's decision
to offer a continuing contract must be based on the teacher's job performance and peer
reviews. Before July 1, the school board must give the teacher notice of the renewal of
employment or retention without a continuing contract. A teacher recommended for
termination by the district shall have the right to request a hearing pursuant to this section.
A teacher recommended for retention without a continuing contract is an at-will employee
of the district until the board votes to offer the teacher a continuing contract or terminates
their employment.
new text end

Sec. 2.

Minnesota Statutes 2010, 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 new text begin five-year new text end 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 new text begin for five-year terms new text end , 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.

Sec. 3.

Minnesota Statutes 2010, section 122A.41, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Continuing contract. new text end

new text begin A school board must record a majority roll call
vote of the full membership of the board to either offer a teacher a continuing contract,
discharge the teacher, or retain the teacher without a continuing contract at the end of the
teacher's probationary period. The term of a continuing contract must not exceed five
years. At the end of every five years of a teacher's service, a school board must vote,
by a majority roll call vote of the full membership of the board, to renew, terminate, or
retain the teacher without a continuing contract. At a minimum, a school board's decision
to offer a continuing contract must be based on the teacher's job performance and peer
reviews. Before July 1, the school board must give the teacher notice of the renewal of
employment. A teacher recommended for termination by the district shall have the right to
request a hearing pursuant to this section. A teacher recommended for retention without a
continuing contract is an at-will employee of the district until the board votes to offer the
teacher a continuing contract or terminates their employment.
new text end

Sec. 4.

Minnesota Statutes 2010, 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
new text begin for five-year terms new text end 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.