SF 699

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; offering licensed kindergarten 
  1.3             through grade 12 teachers a multiyear employment 
  1.4             contract and public post-secondary education waivers 
  1.5             as an alternative to continuing employment; amending 
  1.6             Minnesota Statutes 1996, sections 125.12, subdivision 
  1.7             4, and by adding a subdivision; and 125.17, 
  1.8             subdivision 3, and by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 125.12, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [TERMINATION OF CONTRACT AFTER PROBATIONARY 
  1.13  PERIOD.] (a) A teacher who has completed a probationary period 
  1.14  in any school district, and who has not been discharged or 
  1.15  advised of a refusal to renew the teacher's contract pursuant to 
  1.16  under subdivision 3, shall elect to have a continuing contract 
  1.17  with such district or, with the agreement of the school board, a 
  1.18  five-year term contract and a post-secondary education waiver 
  1.19  under subdivision 4c.  Thereafter, if the teacher elects to have 
  1.20  a five-year term contract and a post-secondary education waiver 
  1.21  and the school board agrees to the teacher's election, the 
  1.22  teacher's contract is subject to the provisions of subdivision 
  1.23  4c.  If the teacher elects to have a continuing contract under 
  1.24  this subdivision, the teacher's contract shall remain in full 
  1.25  force and effect, except as modified by mutual consent of the 
  1.26  board and the teacher, until terminated by a majority roll call 
  1.27  vote of the full membership of the board prior to April 1 upon 
  2.1   one of the grounds specified in subdivision 6 or prior to June 1 
  2.2   upon one of the grounds specified in subdivision 6a or 6b, or 
  2.3   until the teacher is discharged pursuant to subdivision 8, or by 
  2.4   the written resignation of the teacher submitted prior to April 
  2.5   1; provided, however, that if an agreement as to the terms and 
  2.6   conditions of employment for the succeeding school year has not 
  2.7   been adopted pursuant to the provisions of sections 179A.01 to 
  2.8   179A.25 prior to March 1, the teacher's right of resignation 
  2.9   shall be extended to the 30th calendar day following the 
  2.10  adoption of said contract in compliance with section 179A.20, 
  2.11  subdivision 5.  Such written resignation by the teacher shall be 
  2.12  effective as of June 30 if submitted prior to that date and the 
  2.13  teachers' right of resignation for the school year then 
  2.14  beginning shall cease on July 15.  Before a teacher's contract 
  2.15  is terminated by the board, the board shall notify the teacher 
  2.16  in writing and state its ground for the proposed termination in 
  2.17  reasonable detail together with a statement that the teacher may 
  2.18  make a written request for a hearing before the board within 14 
  2.19  days after receipt of such notification.  If the grounds are 
  2.20  those specified in subdivision 6 or 8, the notice must also 
  2.21  state a teacher may request arbitration under subdivision 9a.  
  2.22  Within 14 days after receipt of this notification the teacher 
  2.23  may make a written request for a hearing before the board or an 
  2.24  arbitrator and it shall be granted upon reasonable notice to the 
  2.25  teacher of the date set for hearing, before final action is 
  2.26  taken.  If no hearing is requested within such period, it shall 
  2.27  be deemed acquiescence by the teacher to the board's action.  
  2.28  Such termination shall take effect at the close of the school 
  2.29  year in which the contract is terminated in the manner 
  2.30  aforesaid.  Such contract may be terminated at any time by 
  2.31  mutual consent of the board and the teacher and this section 
  2.32  shall not affect the powers of a board to suspend, discharge, or 
  2.33  demote a teacher under and pursuant to other provisions of law. 
  2.34     (b) A teacher who elects to have a continuing contract 
  2.35  under this subdivision may subsequently make a one-time 
  2.36  permanent election, with the agreement of the employing school 
  3.1   board, to have a term contract and a post-secondary education 
  3.2   waiver under subdivision 4c.  The teacher's election is 
  3.3   irrevocable and continues during the entire time the teacher is 
  3.4   employed in a Minnesota school district unless, as described in 
  3.5   subdivision 4c, paragraph (d), a tenure review panel recommends 
  3.6   that the school board renew the five-year term contract of a 
  3.7   half-time teacher and the teacher instead elects to become 
  3.8   subject to the provisions of this subdivision.  A teacher 
  3.9   electing a term contract and a post-secondary education waiver 
  3.10  remains eligible for all compensation-related benefits the 
  3.11  teacher has earned up to the time of this election.  As a 
  3.12  precondition of having a contract under subdivision 4c, the 
  3.13  teacher must successfully serve a one-year probationary period 
  3.14  that the local tenure review panel evaluates according to the 
  3.15  panel's written performance criteria that the teacher receives 
  3.16  before the one-year probationary period begins.  The panel's 
  3.17  determination is final and binding on the teacher.  If the panel 
  3.18  determines that the teacher failed to meet one or more of the 
  3.19  panel's written performance criteria during the one-year 
  3.20  probationary period, the teacher has neither a continuing 
  3.21  contract under this subdivision nor a five-year contract and a 
  3.22  post-secondary education waiver under subdivision 4c.  A teacher 
  3.23  may appeal a panel's determination to the commissioner of 
  3.24  mediation services within 15 days of receiving notice of the 
  3.25  determination only if the teacher believes the determination:  
  3.26  was procured by fraud, corruption, or other undue means; was 
  3.27  made by an evidently partial or corrupt panel or the panel's 
  3.28  misconduct prejudiced the teacher's rights; or was made after 
  3.29  the panel refused to postpone hearing the matter after the 
  3.30  teacher showed sufficient cause for postponement, the panel 
  3.31  refused to hear evidence material to the matter, or the panel's 
  3.32  conduct when hearing the matter substantially prejudiced the 
  3.33  teacher's rights.  The commissioner of mediation services must 
  3.34  make a decision within 30 days of receiving the teacher's 
  3.35  appeal.  The teacher may not appeal the commissioner's decision. 
  3.36  During this one-year probationary period, a school board may 
  4.1   terminate or discharge the teacher only for a statutorily 
  4.2   specified cause. 
  4.3      Sec. 2.  Minnesota Statutes 1996, section 125.12, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 4c.  [OPTION OF TERM CONTRACT PLUS EDUCATION 
  4.6   WAIVER.] (a) A teacher who completes a probationary period in 
  4.7   any school district, and who is not discharged or advised of a 
  4.8   refusal to renew the teacher's contract under subdivision 3, may 
  4.9   permanently elect, as an alternative to having a continuing 
  4.10  contract under subdivision 4, to have a five-year term contract 
  4.11  and receive a post-secondary waiver described in this 
  4.12  subdivision.  The employment terms for a teacher who makes this 
  4.13  election are governed by the provisions of this subdivision.  
  4.14  The teacher's election is irrevocable and continues during the 
  4.15  entire time the teacher is employed in a Minnesota school 
  4.16  district unless, as described in paragraph (d), the tenure 
  4.17  review panel recommends that the school board renew the 
  4.18  five-year term contract of a half-time teacher and the teacher 
  4.19  instead elects to become subject to the provisions of this 
  4.20  subdivision. 
  4.21     (b) A school board agreeing to employ a teacher under this 
  4.22  subdivision must establish a tenure review panel that, at a 
  4.23  minimum, is composed of school board members, a student enrolled 
  4.24  in the district, district residents, and school administrators 
  4.25  that the school board appoints.  At a minimum, at least 
  4.26  one-quarter of the tenure review panel members must be teachers 
  4.27  employed by the district and selected by the teachers' exclusive 
  4.28  bargaining representative.  Panel meetings in which members 
  4.29  discuss personnel matters are closed meetings and are not 
  4.30  subject to section 471.705.  The panel must make public any 
  4.31  final decision affecting personnel at a reasonable time and 
  4.32  place and in a reasonable manner.  Data the panel uses to make a 
  4.33  final decision is private data on individuals.  Panel members 
  4.34  serve staggered four-year terms.  The school board may reimburse 
  4.35  panel members for reasonable expenses members incur while 
  4.36  discharging their duty.  Panel members are not liable for 
  5.1   determining that a teacher failed to meet one or more of the 
  5.2   panel's written performance criteria during the one-year 
  5.3   probationary period or for an annual performance evaluation or 
  5.4   subsequent recommendation to the school board that the board not 
  5.5   renew the teacher's contract. 
  5.6      (c) Before a school board agrees to employ a teacher under 
  5.7   this subdivision, the tenure review panel shall adopt a plan for 
  5.8   an annual written evaluation of the teacher's performance that 
  5.9   states the performance criteria by which the panel will evaluate 
  5.10  the teacher.  The panel must give the teacher timely notice of 
  5.11  the criteria.  School-site administrators shall review each 
  5.12  performance evaluation to determine whether the teacher has met 
  5.13  the panel's performance criteria and, if the teacher has not met 
  5.14  one or more performance criteria, convey that fact to the panel. 
  5.15  During the term of the teacher's five-year contract, the school 
  5.16  board may terminate or discharge the teacher only for a 
  5.17  statutorily specified cause.  Unrequested leaves of absence are 
  5.18  governed by subdivision 6b during the contract term.  At the end 
  5.19  of a teacher's five-year term contract, the panel shall make a 
  5.20  final and binding recommendation to the school board whether or 
  5.21  not to reemploy the teacher for a subsequent five-year term 
  5.22  contract.  A teacher may appeal the panel's recommendation only 
  5.23  if the teacher believes the panel's recommendation:  was 
  5.24  procured by fraud, corruption, or other undue means; was made by 
  5.25  an evidently partial or corrupt panel or the panel's misconduct 
  5.26  prejudiced the teacher's rights; or was made after the panel 
  5.27  refused to postpone hearing the matter after the teacher showed 
  5.28  sufficient cause for postponement, the panel refused to hear 
  5.29  evidence material to the matter, or the panel's conduct when 
  5.30  hearing the matter substantially prejudiced the teacher's 
  5.31  right.  The school board shall renew the teacher's contract as 
  5.32  the panel's recommendation indicates.  
  5.33     (d) During the time a school board employs a teacher full 
  5.34  time under this subdivision, the teacher, the teacher's spouse, 
  5.35  and each dependent child under age 25 are all eligible to 
  5.36  receive a tuition waiver for attending a Minnesota public 
  6.1   post-secondary school or participating in a Minnesota public 
  6.2   post-secondary program.  The tuition waiver may not be applied 
  6.3   toward the cost of attending a professional school.  If a school 
  6.4   board subsequently decides during the contract term to employ 
  6.5   the full-time teacher in a position that is at least a one-half 
  6.6   time position, then the teacher, the teacher's spouse, and each 
  6.7   dependent child remain eligible to receive the tuition waiver 
  6.8   during the remainder of the teacher's contract term.  If, at the 
  6.9   end of that contract term, the tenure review panel recommends 
  6.10  that the school board renew the contract of a half-time teacher, 
  6.11  the teacher may elect either to become subject to the provisions 
  6.12  of subdivision 4 or to renew the five-year term contract.  If 
  6.13  the teacher elects to renew the contract, the teacher, the 
  6.14  teacher's spouse, and each dependent child under age 25 are 
  6.15  eligible to receive the tuition waiver during such time as the 
  6.16  teacher is reemployed and serving in a full-time position under 
  6.17  the renewed contract.  The annual amount of the tuition waiver 
  6.18  to each eligible person shall not exceed the cost during the 
  6.19  current school year of the undergraduate tuition and fees for 
  6.20  the college of liberal arts at the University of Minnesota plus 
  6.21  an amount equal to the living and miscellaneous expense 
  6.22  allowance set in law for the purposes of the state grant program 
  6.23  in chapter 136A.  Each eligible person may receive a tuition 
  6.24  waiver for no more than four years of full-time equivalent 
  6.25  enrollment. 
  6.26     (e) A teacher under this subdivision remains a public 
  6.27  employee under section 179A.03, subdivision 14, and a teacher 
  6.28  under section 179A.03, subdivision 18, for purposes of chapter 
  6.29  179A only to the extent that these provisions are consistent 
  6.30  with this section. 
  6.31     Sec. 3.  Minnesota Statutes 1996, section 125.17, 
  6.32  subdivision 3, is amended to read: 
  6.33     Subd. 3.  [PERIOD OF SERVICE AFTER PROBATIONARY PERIOD; 
  6.34  DISCHARGE OR DEMOTION.] (a) After the completion of such 
  6.35  probationary period, without discharge, such teachers as are 
  6.36  thereupon reemployed shall continue in service and hold their 
  7.1   respective position during good behavior and efficient and 
  7.2   competent service and shall not be discharged or demoted except 
  7.3   for cause after a hearing. 
  7.4      (b) Any probationary teacher shall be deemed to have been 
  7.5   reemployed for the ensuing school year, unless the school board 
  7.6   in charge of such school shall give such teacher notice in 
  7.7   writing before June 1 of the termination of such employment.  In 
  7.8   event of such notice the employment shall terminate at the close 
  7.9   of the school sessions of the current school year. 
  7.10     (c) As an alternative to paragraphs (a) and (b), a teacher 
  7.11  who has completed a probationary period under subdivision 2, 
  7.12  without discharge, may elect to have, with the agreement of the 
  7.13  school board, a five-year term contract and a post-secondary 
  7.14  education waiver under subdivision 3c.  Thereafter, if the 
  7.15  teacher makes this election, the teacher's contract is 
  7.16  exclusively subject to the provisions of subdivision 3c unless, 
  7.17  as described in section 125.12, subdivision 4c, paragraph (d), 
  7.18  the tenure review panel recommends that the school board renew 
  7.19  the contract of a half-time teacher and the teacher elects to 
  7.20  become subject to the provisions of this subdivision. 
  7.21     (d) A teacher who is reemployed and continues in service 
  7.22  under this subdivision may subsequently make a one-time 
  7.23  permanent election, with the agreement of the employing school 
  7.24  board, to have a term contract and a post-secondary education 
  7.25  waiver under subdivision 3c.  The teacher's election is 
  7.26  irrevocable and continues during the entire time the teacher is 
  7.27  employed in a Minnesota school district unless, as described in 
  7.28  section 125.12, subdivision 4c, paragraph (d), the tenure review 
  7.29  panel recommends that the school board renew the contract of a 
  7.30  half-time teacher and the teacher elects to become subject to 
  7.31  the provisions of this subdivision.  A teacher making this 
  7.32  election remains eligible for all compensation-related benefits 
  7.33  the teacher has earned up to the time of this election.  As a 
  7.34  precondition of having a contract under subdivision 3c, the 
  7.35  teacher must serve a one-year probationary period that the local 
  7.36  tenure review panel evaluates according to the panel's written 
  8.1   performance criteria that the teacher receives before the 
  8.2   one-year probationary period begins.  The panel's determination 
  8.3   is final and binding on the teacher.  If the panel determines 
  8.4   that the teacher failed to meet one or more of the panel's 
  8.5   written performance criteria during the one-year probationary 
  8.6   period, the teacher has neither a continuing contract under this 
  8.7   subdivision nor a five-year contract and a post-secondary 
  8.8   education waiver under subdivision 3c.  A teacher may appeal a 
  8.9   panel's determination to the commissioner of mediation services 
  8.10  within 15 days of receiving notice of the determination only if 
  8.11  the teacher believes the determination:  was procured by fraud, 
  8.12  corruption, or other undue means; was made by an evidently 
  8.13  partial panel or the panel's misconduct prejudiced the teacher's 
  8.14  rights; or was made after the panel refused to postpone hearing 
  8.15  the matter after the teacher showed sufficient cause for 
  8.16  postponement, the panel refused to hear evidence material to the 
  8.17  matter, or the panel's conduct when hearing the matter 
  8.18  substantially prejudiced the teacher's rights.  The commissioner 
  8.19  of mediation services must decide the appeal within 30 days of 
  8.20  receiving the appeal.  The teacher may not appeal the 
  8.21  commissioner's decision.  During this one-year probationary 
  8.22  period, a school board may terminate or discharge the teacher 
  8.23  only for a statutorily specified cause. 
  8.24     Sec. 4.  Minnesota Statutes 1996, section 125.17, is 
  8.25  amended by adding a subdivision to read: 
  8.26     Subd. 3c.  [OPTION OF TERM CONTRACT PLUS EDUCATION 
  8.27  WAIVER.] (a) A teacher who completes a probationary period under 
  8.28  subdivision 2, and who is not advised of the school board's 
  8.29  refusal to renew the teacher's contract, may permanently elect, 
  8.30  as an alternative to being reemployed and continuing in service 
  8.31  under subdivision 3, to have a five-year term contract and 
  8.32  receive a post-secondary waiver described in this subdivision.  
  8.33  The employment terms for a teacher who makes this election are 
  8.34  governed by the provisions of this subdivision.  The teacher's 
  8.35  election is irrevocable and continues during the entire time the 
  8.36  teacher is employed in a Minnesota school district unless, as 
  9.1   described in section 125.12, subdivision 4c, paragraph (d), the 
  9.2   tenure review panel recommends that the school board renew the 
  9.3   five-year term contract of a half-time teacher and the teacher 
  9.4   instead elects to become subject to the provisions of this 
  9.5   subdivision. 
  9.6      (b) A school board agreeing to employ teachers under this 
  9.7   subdivision must establish a tenure review panel that, at a 
  9.8   minimum, is composed of school board members, a student enrolled 
  9.9   in the district, district residents, and school administrators 
  9.10  that the school board appoints.  At a minimum, at least 
  9.11  one-fourth of the tenure review panel members must be teachers 
  9.12  employed by the district and selected by the teachers' exclusive 
  9.13  bargaining representative.  Panel meetings in which members 
  9.14  discuss personnel matters are closed and are not subject to 
  9.15  section 471.705.  The panel must make public any final decision 
  9.16  affecting personnel at a reasonable time and place and in a 
  9.17  reasonable manner.  Data the panel uses to make a final decision 
  9.18  is private data on individuals.  Panel members serve staggered 
  9.19  four-year terms.  The school board may reimburse panel members 
  9.20  for reasonable expenses members incur while discharging their 
  9.21  duty.  Panel members are not liable for determining that a 
  9.22  teacher failed to meet one or more of the panel's written 
  9.23  performance criteria during the one-year probationary period or 
  9.24  for an annual performance evaluation or subsequent 
  9.25  recommendation to the school board that the board not renew the 
  9.26  teacher's contract. 
  9.27     (c) Before a school board agrees to employ a teacher under 
  9.28  this subdivision, the tenure review panel shall adopt a plan for 
  9.29  an annual written evaluation of the teacher's performance that 
  9.30  states the performance criteria by which the panel will evaluate 
  9.31  each teacher.  The panel must give the teacher timely notice of 
  9.32  the criteria.  School-site administrators shall review each 
  9.33  performance evaluation to determine whether the teacher has met 
  9.34  the panel's performance criteria and, if the teacher has not met 
  9.35  one or more performance criteria, convey that fact to the 
  9.36  panel.  During the term of the teacher's five-year contract, the 
 10.1   school board may terminate or discharge the teacher only for a 
 10.2   statutorily specified cause.  Unrequested leaves of absence are 
 10.3   governed by section 125.12, subdivision 6b, during the contract 
 10.4   term.  At the end of a teacher's five-year term contract, the 
 10.5   panel shall make a final and binding recommendation to the 
 10.6   school board whether or not to reemploy the teacher for a 
 10.7   subsequent five-year term contract.  A teacher may appeal the 
 10.8   panel's recommendation only if the teacher believes the panel's 
 10.9   recommendation:  was procured by fraud, corruption, or other 
 10.10  undue means; was made by an evidently partial or corrupt panel 
 10.11  or the panel's misconduct prejudiced the teacher's rights; or 
 10.12  was made after the panel refused to postpone hearing the matter 
 10.13  after the teacher showed sufficient cause for postponement, the 
 10.14  panel refused to hear evidence material to the matter, or the 
 10.15  panel's conduct when hearing the matter substantially prejudiced 
 10.16  the teacher's rights.  The school board shall renew the 
 10.17  teacher's contract, as the panel's recommendation indicates. 
 10.18     (d) During the time a school board employs a teacher full 
 10.19  time under this subdivision, the teacher, the teacher's spouse, 
 10.20  and each dependent child under age 25 are all eligible to 
 10.21  receive a tuition waiver for attending a Minnesota public 
 10.22  post-secondary school or participating in a Minnesota public 
 10.23  post-secondary program.  The tuition waiver may not be applied 
 10.24  toward the cost of attending a professional school.  If a school 
 10.25  board subsequently decides during the contract term to employ 
 10.26  the full-time teacher in a position that is at least a one-half 
 10.27  time position, then the teacher, the teacher's spouse, and each 
 10.28  dependent child remain eligible to receive the tuition waiver 
 10.29  during the remainder of the teacher's contract term.  If, at the 
 10.30  end of that contract term, the tenure review panel recommends 
 10.31  that the school board renew the contract of a half-time teacher, 
 10.32  the teacher may elect either to become subject to the provisions 
 10.33  of section 125.12, subdivision 4, or to renew the five-year term 
 10.34  contract.  If the teacher elects to renew the contract, the 
 10.35  teacher, the teacher's spouse, and each dependent child under 
 10.36  age 25 are eligible to receive the tuition waiver during such 
 11.1   time as the teacher is reemployed and serving in a full-time 
 11.2   position under the renewed contract.  The annual amount of the 
 11.3   tuition waiver to each eligible person shall not exceed the cost 
 11.4   during the current school year of the undergraduate tuition and 
 11.5   fees for the college of liberal arts at the University of 
 11.6   Minnesota plus an amount equal to the living and miscellaneous 
 11.7   expense allowance set in law for the purposes of the state grant 
 11.8   program in chapter 136A.  Each eligible person may receive a 
 11.9   tuition waiver for no more than four years of full-time 
 11.10  equivalent enrollment. 
 11.11     (e) A teacher under this subdivision remains a public 
 11.12  employee under section 179A.03, subdivision 14, and a teacher 
 11.13  under section 179A.03, subdivision 18, for purposes of chapter 
 11.14  179A only to the extent that these provisions are consistent 
 11.15  with this section. 
 11.16     Sec. 5.  [EFFECTIVE DATE.] 
 11.17     Sections 1 to 4 are effective for the 1997-1998 school year 
 11.18  and thereafter.