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Minnesota Legislature

Office of the Revisor of Statutes

SF 244

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; providing for consecutive
teaching experience for a teacher whose probationary
employment is interrupted by military service;
amending Minnesota Statutes 2004, sections 122A.40,
subdivision 5; 122A.41, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 122A.40,
subdivision 5, is amended to read:


Subd. 5.

Probationary period.

(a) The first three
consecutive years of a teacher's first teaching experience in
Minnesota in a single district is deemed to be a probationary
period of employment, and after completion thereof, the
probationary period in each district in which the teacher is
thereafter employed shall be one year. The school board must
adopt a plan for written evaluation of teachers during the
probationary period. Evaluation must occur at least three times
each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher
performing services on 60 to 119 school days, and at least one
time each year for a teacher performing services on fewer than
60 school days. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school must not be
included in determining the number of school days on which a
teacher performs services. Except as otherwise provided in
paragraph (b), during the probationary period any annual
contract with any teacher may or may not be renewed as the
school board shall see fit. However, the board must give any
such teacher whose contract it declines to renew for the
following school year written notice to that effect before July
1. If the teacher requests reasons for any nonrenewal of a
teaching contract, the board must give the teacher its reason in
writing, including a statement that appropriate supervision was
furnished describing the nature and the extent of such
supervision furnished the teacher during the employment by the
board, within ten days after receiving such request. The school
board may, after a hearing held upon due notice, discharge a
teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher,
effective immediately, upon receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or
sexual abuse.

new text begin (c) A probationary teacher whose first three years of
consecutive employment are interrupted for active military
service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel
under United States Code, title 38, section 4312(e), is
considered to have a consecutive teaching experience for
purposes of paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
from September 10, 2001, and applies to those probationary
teachers absent for active military service beginning on
September 10, 2001, or later.
new text end

Sec. 2.

Minnesota Statutes 2004, section 122A.41,
subdivision 2, is amended to read:


Subd. 2.

Probationary period; discharge or demotion.

new text begin(a)
new text end All teachers in the public schools in cities of the first class
during the first three years of consecutive employment shall be
deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be
renewed as the school board, after consulting with the peer
review committee charged with evaluating the probationary
teachers under subdivision 3, shall see fit. The school site
management team or the school board if there is no school site
management team, shall adopt a plan for a written evaluation of
teachers during the probationary period according to subdivision
3. Evaluation by the peer review committee charged with
evaluating probationary teachers under subdivision 3 shall occur
at least three times each year for a teacher performing services
on 120 or more school days, at least two times each year for a
teacher performing services on 60 to 119 school days, and at
least one time each year for a teacher performing services on
fewer than 60 school days. Days devoted to parent-teacher
conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days
on which a teacher performs services. The school board may,
during such probationary period, discharge or demote a teacher
for any of the causes as specified in this code. A written
statement of the cause of such discharge or demotion shall be
given to the teacher by the school board at least 30 days before
such removal or demotion shall become effective, and the teacher
so notified shall have no right of appeal therefrom.

new text begin (b) A probationary teacher whose first three years of
consecutive employment are interrupted for active military
service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel
under United States Code, title 38, section 4312(e), is
considered to have a consecutive teaching experience for
purposes of paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
from September 10, 2001, and applies to those probationary
teachers absent for active military service beginning on
September 10, 2001, or later.
new text end