SF 2382

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 04:25pm

A bill for an act
relating to education; modifying unrequested leave of absence provisions for
teachers; amending Minnesota Statutes 2012, sections 122A.40, subdivision 10;
122A.41, subdivision 14; 123A.75, subdivision 1; repealing Minnesota Statutes
2012, section 122A.40, subdivision 11.

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 deleted text begin may deleted text end new text begin must new text end 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. deleted text begin 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). deleted text end new text begin The negotiated plan may be based on teacher evaluation ratings. new text end The
provisions of section 179A.16 do not apply for the purposes of this subdivision.

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, subdivision 14, is amended to read:

Subd. 14.

Services terminated by discontinuance or lack of pupils; preference
given.

deleted text begin (a) A teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions in the
district for which that teacher is qualified. In the event deleted text end new text begin If new text end it becomes necessary new text begin for a
board new text end to discontinue deleted text begin one or more positions deleted text end new text begin a teacher on account of discontinuance of
position or lack of pupils new text end , deleted text begin in making such discontinuance, teachers must be discontinued
in any department in the inverse order in which they were employed, unless deleted text end a board and
the exclusive representative of teachers in the district new text begin must new text end negotiate a plan deleted text begin providing
otherwise deleted text end new text begin for discharging, demoting, or recalling a teacher. The negotiated plan may be
based on teacher evaluation ratings new text end .

deleted text begin (b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
any seniority when that exercise results in that teacher being retained by the district in
a field for which the teacher holds only a provisional license, as defined by the Board
of Teaching, unless that exercise of seniority results in the termination of services, on
account of discontinuance of position or lack of pupils, of another teacher who also
holds a provisional license in the same field. The provisions of this clause do not apply
to vocational education licenses.
deleted text end

deleted text begin (c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
to a position in a field in which the teacher holds only a provisional license, other than a
vocational education license, while another teacher who holds a nonprovisional license in
the same field is available for reinstatement.
deleted 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

Sec. 3.

Minnesota Statutes 2012, section 123A.75, subdivision 1, is amended to read:

Subdivision 1.

Teacher assignment.

deleted text begin (a) deleted text end As of the effective date of a consolidation
in which a district is divided or the dissolution of a district and its attachment to two or
more existing districts, each teacher employed by an affected district shall be assigned to
the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
district according to the new district boundaries. deleted text begin The district receiving the greatest number
of pupils must be assigned the teacher with the greatest seniority, and the remaining
teachers must be alternately assigned to each district until the district receiving the fewest
pupils has received its ratio of teachers who will not be retiring before the effective date of
the consolidation or dissolution.
deleted text end

deleted text begin (b) Notwithstanding paragraph (a), deleted text end The board and the exclusive representative of
teachers in each district involved in the consolidation or dissolution and attachment deleted text begin may
deleted text end new text begin must new text end negotiate a plan for assigning teachers to each newly created or enlarged district.
new text begin The negotiated plan may be based on teacher evaluation ratings.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 122A.40, subdivision 11, new text end new text begin is repealed effective
July 1, 2015.
new text end