SF 2601

as introduced - 86th Legislature (2009 - 2010) Posted on 02/11/2010 03:53pm

A bill for an act
relating to education; allowing school boards to offer a continuing contract to
a teacher during the probationary period; amending Minnesota Statutes 2008,
sections 122A.40, subdivision 5; 122A.41, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, 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license has been revoked due to a conviction for child abuse or sexual abuse.

(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).

(d) A probationary teacher must complete at least 60 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

new text begin (e) Upon the recommendation of the superintendent and school principal, a school
board may offer a continuing contract to a probationary teacher at any time prior to the
teacher completing the three-year probationary period. The school board must base
the decision to offer the continuing contract on the results of the evaluation process
established under this subdivision.
new text end

Sec. 2.

Minnesota Statutes 2008, section 122A.41, subdivision 2, is amended to read:

Subd. 2.

Probationary period; discharge or demotion.

(a) 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.

(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).

(c) A probationary teacher must complete at least 60 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

new text begin (d) Upon the recommendation of the superintendent and school principal, a school
board may offer a continuing contract to a probationary teacher at any time prior to the
teacher completing the three-year probationary period. The school board must base the
decision to offer the continuing contract on the results of the evaluation by the peer review
committee under this subdivision.
new text end