SF 1743

1st Unofficial Engrossment - 91st Legislature (2019 - 2020) Posted on 03/19/2019 01:40pm

A bill for an act
relating to education; authorizing a school calendar adjustment for instructional
days and work hours lost due to school closings during the 2018-2019 school year.

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

Section 1. new text begin SCHOOL CALENDAR ADJUSTMENT; 2018-2019 SCHOOL YEAR.
new text end

new text begin Subdivision 1. new text end

new text begin Required school days and hours. new text end

new text begin Notwithstanding Minnesota Statutes,
sections 120A.32, 120A.41, and 126C.05, a school district or charter school that had
instructional days scheduled for January 29, January 30, or January 31, 2019, on its calendar
for the 2018-2019 school year as of January 1, 2019, but canceled school on one or more
of those days due to health and safety concerns, may count those days as instructional days
for the purposes of calculating the number of hours and days in the school year under
Minnesota Statutes, section 120A.41, and the calculation of average daily membership under
Minnesota Statutes, section 126C.05, for students enrolled both before and after these school
closure dates.
new text end

new text begin Subd. 2. new text end

new text begin Instructional day; employees. new text end

new text begin (a) This subdivision applies to any school
district employee who:
new text end

new text begin (1) was scheduled to work on any of the days of January 29, January 30, or January 31,
2019;
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new text begin (2) did not work on any or all of those days; and
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new text begin (3) did not receive compensation for those days.
new text end

new text begin (b) Notwithstanding any law to the contrary, for each day identified in paragraph (a), a
school district must either:
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new text begin (1) allow any school district employee under paragraph (a) the opportunity to work on
another day that the school district designates and must compensate the employee working
on the designated day at the employee's normal rate of pay; or
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new text begin (2) compensate any school district employee under paragraph (a) for each of the days
not worked at the employee's normal rate of pay.
new text end

new text begin Subd. 3. new text end

new text begin Contract employer to pay eligible employees. new text end

new text begin (a) For purposes of this
subdivision, "contract employer" means an employer who provides student-related services
throughout the school year to a school district, and "eligible employee" means a person:
new text end

new text begin (1) whose primary task is to provide services to students attending a school district;
new text end

new text begin (2) who was scheduled to work for the contract employer on any of the days January
29, January 30, or January 31, 2019;
new text end

new text begin (3) who did not work on any or all of those days; and
new text end

new text begin (4) did not receive compensation for any or all of the employee's regularly scheduled
shifts on those school days.
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new text begin (b) A school district must notify a contract employer which, if any, of the days under
paragraph (a), clause (2), it will fully compensate the contract employer at the contract
employer's full, regularly scheduled daily amount. The school district must pay the contractor
for those days upon notice from the contractor under paragraph (c).
new text end

new text begin (c) A contract employer that agrees to compensate its eligible employees at their normal
rate of pay for the hours of pay lost due to the inclement weather days listed in paragraph
(a), clause (2), must notify the district of its intended action and once notified, the school
district must fully compensate the contract employer for those days under paragraph (b).
new text end

new text begin (d) Notwithstanding paragraph (b), a school district and contract employer may adjust
the full, regularly scheduled daily contract rate if special circumstances within the district
warrant an adjustment.
new text end

new text begin Subd. 4. new text end

new text begin Probationary teachers. new text end

new text begin For the 2018-2019 school year only, for purposes of
Minnesota Statutes, sections 122A.40, subdivision 5, paragraph (e), and 122A.41, subdivision
2, paragraph (d), the minimum number of days of teacher service that a probationary teacher
must complete equals the difference between 120 days and the number of scheduled
instructional days that were canceled due to inclement weather.
new text end

new text begin EFFECTIVE DATE. new text end

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