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SF 2129

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2014 08:55am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; modifying unrequested leave of absence provisions for
teachers in special circumstances; amending Minnesota Statutes 2012, sections
122A.40, subdivision 10; 122A.41, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to
read:


Subd. 10.

Negotiated unrequested leave of absence.

The school board and the
exclusive bargaining representative of the teachers may negotiate a plan providing for
unrequested leave of absence without pay or fringe benefits for as many teachers as may
be necessary because of discontinuance of position, lack of pupils, financial limitations, or
merger of classes caused by consolidation of districts. Failing to successfully negotiate
such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
include provisions which would result in the exercise of seniority by a teacher holding a
provisional license, other than a vocational education license, contrary to the provisions
of subdivision 11, paragraph (c), or the reinstatement of a teacher holding a provisional
license, other than a vocational education license, contrary to the provisions of subdivision
11, paragraph (e). The provisions of section 179A.16 do not apply for the purposes of this
subdivision.new text begin A school board may make a determination that there are teachers in special
circumstances. Special circumstances include, but are not limited to, a teacher receiving
specialized training, teaching a specialized course, or a teacher having a license in a
subject area in which the teacher has never taught. The school board and the exclusive
bargaining representative must negotiate a plan providing for unrequested leave of absence
for teachers in special circumstances. The unrequested leave of absence agreement must
be included in the school district's policies. A district must submit an electronic copy of its
unrequested leave agreement to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to
negotiated plans for unrequested leave of absence agreed to for teacher contracts with a
term beginning on July 1, 2015.
new text end

Sec. 2.

Minnesota Statutes 2012, section 122A.41, is amended by adding a subdivision
to read:


new text begin Subd. 14a. new text end

new text begin Teachers in special circumstances. new text end

new text begin A school board may make a
determination that there are teachers in special circumstances. Special circumstances
include, but are not limited to, a teacher receiving specialized training, teaching a
specialized course, or a teacher having a license in a subject area in which the teacher has
never taught. The school board and the exclusive bargaining representative must negotiate
a plan providing for discharge, demotion, or recall of teachers in special circumstances.
The negotiated plan must be included in the school district's policies. A district must
submit an electronic copy of its negotiated plan to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to
negotiated plans for discontinuing or terminating teachers agreed to for teacher contracts
with a term beginning on July 1, 2015.
new text end