Minnesota Legislature
SF 2811
as introduced - 89th Legislature (2015 - 2016) Posted on 03/18/2016 10:02am
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24
2.25
2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
3.30
3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4
4.5 4.6 4.7
A bill for an act
relating to education; conforming certain terms and conditions of employment for
kindergarten through grade 12 teachers and administrators; amending Minnesota
Statutes 2014, section 122A.40, subdivisions 5, 7, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 122A.40, subdivision 5, is amended to read:
Subd. 5.
Probationary period.
(a) The first three consecutive years of a
teacher's deleted text begin firstdeleted text end teaching experience deleted text begin in Minnesotadeleted text end in a deleted text begin singledeleted text end district is deleted text begin deemed to be adeleted text end new text begin the
new text end probationary period of employmentdeleted text begin , and, the probationary period in each district in which
the teacher is thereafter employed shall be one yeardeleted text end . The school board must adopt a plan
for written evaluation of teachers during the probationary period that is consistent with
subdivision 8. Evaluation must occur at least three times periodically throughout each
school year for a teacher performing services during that school year; the first evaluation
must occur within the first 90 days of teaching service. 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. deleted text begin 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.deleted text end new text begin The board, during a teacher's probationary period, may discharge
or demote a teacher for any cause specified in this section and section 122A.41. The board
must give the probationary teacher a written statement notifying the teacher of the cause
for discharge or demotion at least 30 days before discharging or demoting the teacher. A
probationary teacher who receives this notice has no right of appeal.
new text end
(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 whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.
(e) A probationary teacher must complete at least 120 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 EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2017.
new text end
Sec. 2.
Minnesota Statutes 2014, section 122A.40, subdivision 7, is amended to read:
Subd. 7.
Termination of contract after probationary period.
(a) A teacher who
has completed a probationary period in any district, and who has not been discharged or
advised of a refusal to renew the teacher's contract under subdivision 5, shall elect to have
a continuing contract deleted text begin with such district where contractdeleted text end new text begin and continues to hold a position
during good behavior and efficient and competent service and must not be discharged
or demoted except for cause under subdivision 9, 12, or 13 after a hearing or due to a
discontinuance of the teacher's position or a lack of pupils. Thenew text end terms and conditionsnew text begin of
a teacher's employment contractnew text end , including salary and salary increases, deleted text begin are established
deleted text end new text begin must benew text end based either on the length of the school calendar or an extended school calendar
under section 120A.415. deleted text begin Thereafter, the teacher's contract must remain in full force and
effect, except as modified by mutual consent of the board and the teacher, until terminated
by a majority roll call vote of the full membership of the board prior to April 1 upon one
of the grounds specified in subdivision 9 or July 1 upon one of the grounds specified in
subdivision 10 or 11, or until the teacher is discharged pursuant to subdivision 13, or by
the written resignation of the teacher submitted prior to April 1. If an agreement as to the
terms and conditions of employment for the succeeding school year has not been adopted
pursuant to the provisions of sections 179A.01 to 179A.25 prior to March 1, the teacher's
right of resignation is extended to the 30th calendar day following the adoption of said
contract in compliance with section 179A.20, subdivision 5. Such written resignation by
the teacher is effective as of June 30 if submitted prior to that date and the teachers' right
of resignation for the school year then beginning shall cease on July 15. Before a teacher's
contract is terminated by the board, the board must notify the teacher in writing and state
its ground for the proposed termination in reasonable detail together with a statement that
the teacher may make a written request for a hearing before the board within 14 days after
receipt of such notification. If the grounds are those specified in subdivision 9 or 13, the
notice must also state a teacher may request arbitration under subdivision 15. Within 14
days after receipt of this notification the teacher may make a written request for a hearing
before the board or an arbitrator and it shall be granted upon reasonable notice to the
teacher of the date set for hearing, before final action is taken. If no hearing is requested
within such period, it shall be deemed acquiescence by the teacher to the board's action.
Such termination shall take effect at the close of the school year in which the contract is
terminated in the manner aforesaid. Suchdeleted text end new text begin The board and the teacher may mutually consent
to terminate an employmentnew text end contract deleted text begin may be terminateddeleted text end at any time deleted text begin by mutual consent of
the board and the teacherdeleted text end and this section does not affect the powers of a board to suspend,
discharge, or demote a teacher under and pursuant to other provisions of law.
(b) A teacher electing to have a continuing contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 7a and shall receive an increased base salary.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2017.
new text end
Sec. 3.
Minnesota Statutes 2014, section 122A.40, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Probationary period for principals hired internally. new text end
new text begin
A board and the
exclusive representative of the school principals in the district may negotiate a plan for a
probationary period of up to two school years for licensed teachers employed by the board
who are subsequently employed by the board as a licensed school principal or assistant
principal and an additional probationary period of up to two years for licensed assistant
principals employed by the board who are subsequently employed by the board as a
licensed school principal.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2016-2017 school year and
later and applies to all principal and assistant principal contracts entered into or modified
after that date.
new text end