SF 708

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for a hearing for the 
  1.3             termination or nonrenewal of the contract of a 
  1.4             licensed or unlicensed coach or assistant coach; 
  1.5             amending Minnesota Statutes 2002, sections 122A.33; 
  1.6             122A.58; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 122A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 122A.33, is 
  1.10  amended to read: 
  1.11     122A.33 [LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.] 
  1.12     Notwithstanding section 122A.15, subdivision 1, a school 
  1.13  district may employ as a head varsity coach of an 
  1.14  interscholastic sport at its secondary school a person who does 
  1.15  not have a license as head varsity coach of interscholastic 
  1.16  sports and who does not have a bachelor's degree if: 
  1.17     (1) in the judgment of the school board, the person has the 
  1.18  knowledge and experience necessary to coach the sport; 
  1.19     (2) can verify completion of six quarter credits, or the 
  1.20  equivalent, or 60 clock hours of instruction in first aid and 
  1.21  the care and prevention of athletic injuries; and 
  1.22     (3) can verify completion of a coaching methods or theory 
  1.23  course. 
  1.24     Notwithstanding section 122A.58, a person employed as a 
  1.25  head varsity coach under this section has an annual contract as 
  1.26  a coach that the school board may or may not renew as the board 
  2.1   sees fit and that is subject to section 122A.34. 
  2.2      [EFFECTIVE DATE.] This section is effective the day 
  2.3   following final enactment and applies on or after that date to 
  2.4   the termination or nonrenewal of a contract of a coach or 
  2.5   assistant coach who is not required to hold a license as an 
  2.6   athletic coach from the commissioner of children, families, and 
  2.7   learning. 
  2.8      Sec. 2.  [122A.34] [UNLICENSED COACHES; TERMINATION OF 
  2.9   DUTIES.] 
  2.10     Subdivision 1.  [TERMINATION; HEARING.] Before a district 
  2.11  terminates or does not renew the contract of a coach or 
  2.12  assistant coach who is not required to hold a license as an 
  2.13  athletic coach from the commissioner of children, families, and 
  2.14  learning, the district must notify the coach or assistant coach 
  2.15  in writing and state its reason for the proposed termination or 
  2.16  nonrenewal of the contract.  Within 14 days of receiving this 
  2.17  notification, the coach or assistant coach may request in 
  2.18  writing a hearing on the termination or nonrenewal of the 
  2.19  contract before the commissioner.  If a hearing is requested, 
  2.20  the commissioner must hold a hearing within 25 days according to 
  2.21  the hearing procedures specified in section 122A.40, subdivision 
  2.22  14, and the termination or the nonrenewal of the contract is 
  2.23  final upon the order of the commissioner after the hearing. 
  2.24     Subd. 2.  [FINAL DECISION.] Within ten days after the 
  2.25  hearing, the commissioner must issue a written decision 
  2.26  regarding the termination or nonrenewal of the contract.  If the 
  2.27  commissioner decides to terminate or not renew the contract of 
  2.28  the coach or assistant coach, the decision must state the reason 
  2.29  on which it is based and include findings of fact based upon 
  2.30  competent evidence in the record.  The commissioner may 
  2.31  terminate or not renew the contract of the coach or assistant 
  2.32  coach, as the commissioner sees fit, for any reason which is 
  2.33  found to be true based on substantial and competent evidence in 
  2.34  the record. 
  2.35     [EFFECTIVE DATE.] This section is effective the day 
  2.36  following final enactment and applies on or after that date to 
  3.1   the termination or nonrenewal of a contract of a coach or 
  3.2   assistant coach who is not required to hold a license as an 
  3.3   athletic coach from the commissioner of children, families, and 
  3.4   learning. 
  3.5      Sec. 3.  Minnesota Statutes 2002, section 122A.58, is 
  3.6   amended to read: 
  3.7      122A.58 [LICENSED COACHES, TERMINATION OF DUTIES.] 
  3.8      Subdivision 1.  [TERMINATION; HEARING.] Before a district 
  3.9   terminates the coaching duties or does not renew the coaching 
  3.10  contract of an employee who is required to hold a license as an 
  3.11  athletic coach from the commissioner of children, families, and 
  3.12  learning, the district must notify the employee in writing and 
  3.13  state its reason for the proposed termination or nonrenewal of 
  3.14  the coaching contract.  Within 14 days of receiving this 
  3.15  notification, the employee may request in writing a hearing on 
  3.16  the termination or nonrenewal of the coaching contract before 
  3.17  the commissioner.  If a hearing is requested, the commissioner 
  3.18  must hold a hearing within 25 days according to the hearing 
  3.19  procedures specified in section 122A.40, subdivision 14, and the 
  3.20  termination or nonrenewal of the coaching contract is final upon 
  3.21  the order of the commissioner after the hearing. 
  3.22     Subd. 2.  [FINAL DECISION.] Within ten days after the 
  3.23  hearing, the commissioner must issue a written decision 
  3.24  regarding the termination or nonrenewal of the coaching 
  3.25  contract.  If the commissioner decides to terminate the 
  3.26  employee's coaching duties or not to renew the coaching 
  3.27  contract, the decision must state the reason on which it is 
  3.28  based and include findings of fact based upon competent evidence 
  3.29  in the record.  The commissioner may terminate the employee's 
  3.30  duties or not, or renew or not renew the coaching contract, as 
  3.31  it sees fit, for any reason which is found to be true based on 
  3.32  substantial and competent evidence in the record. 
  3.33     Subd. 3.  [NONAPPLICATION OF SECTION.] This section shall 
  3.34  not apply to the termination of coaching duties or the 
  3.35  nonrenewal of a coaching contract pursuant to a district 
  3.36  transfer policy or as a result of the nonrenewal or termination 
  4.1   of the employee's continuing contract or the employee's 
  4.2   discharge, demotion or suspension pursuant to section 122A.40 or 
  4.3   122A.41.  This section shall not apply to the termination of an 
  4.4   employee's coaching duties or the nonrenewal of a coaching 
  4.5   contract prior to completion of the probationary period of 
  4.6   employment. 
  4.7      [EFFECTIVE DATE.] This section is effective the day 
  4.8   following final enactment and applies on or after that date to 
  4.9   the termination or nonrenewal of the coaching contract of a 
  4.10  school district employee who is required to hold a license as an 
  4.11  athletic coach from the commissioner of children, families, and 
  4.12  learning.