SF 781

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:32pm

A bill for an act
relating to education; modifying the Teacher Tenure Act for school districts
located in a city of the first class; amending Minnesota Statutes 2010, section
122A.41, subdivisions 1, 10.

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

Section 1.

Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to
read:

Subdivision 1.

Words, terms, and phrases.

Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and phrases, for
the purposes of the following subdivisions in this section shall be defined as follows:

(a) Teachers. The term "teacher" includes every person regularly employed, as a
principal, or to give instruction in a classroom, or to superintend or supervise classroom
instruction, or as placement teacher and visiting teacher. Persons regularly employed as
counselors and school librarians shall be covered by these sections as teachers if licensed
as teachers or as school librarians.

(b) School board. The term "school board" includes a majority in membership
of any and all boards or official bodies having the care, management, or control over
public schools.

(c) Demote. The word "demote" means to reduce deleted text begin in rank or to transfer to a lower
branch of the service or to a position carrying a lower salary or deleted text end new text begin the new text end compensation new text begin a person
actually receives in the new position new text end .

(d) Nonprovisional license. For purposes of this section, "nonprovisional license"
shall mean an entrance, continuing, or life license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:

Subd. 10.

Decision, when rendered.

The hearing must be concluded and a decision
in writing, stating the grounds on which it is based, rendered within 25 days after giving of
such notice. Where the hearing is before a school board the teacher may be discharged
or demoted upon the affirmative vote of a majority of the members of the board. If the
charges, or any of such, are found to be true, the board conducting the hearing must
discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
deleted text begin A teacher must not be discharged for either of the causes specified in subdivision 6, clause
(3), except during the school year, and then only upon charges filed at least four months
before the close of the school sessions of such school year.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to discharge
actions commenced on or after that date.
new text end