SF 3416

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:33am

A bill for an act
relating to education; prohibiting limits on school district hiring authority;
withholding basic revenue; amending Minnesota Statutes 2016, sections 122A.40,
subdivision 3; 122A.41, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 122A.40, subdivision 3, is amended to read:

Subd. 3.

Hiring, dismissing.

new text begin (a) new text end School boards must hire or dismiss teachers at duly
called meetings. Where a husband and wife, brother and sister, or two brothers or sisters,
constitute a quorum, no contract employing a teacher shall be made or authorized except
upon the unanimous vote of the full board.

new text begin (b) new text end A teacher related by blood or marriage, within the fourth degree, computed by the
civil law, to a board member shall not be employed except by a unanimous vote of the full
board.

new text begin (c) new text end The initial employment of the teacher in the district must be by written contract,
signed by the teacher and by the chair and clerk. All subsequent employment of the teacher
in the district must be by written contract, signed by the teacher and by the chair and clerk,
except where there is a master agreement covering the employment of the teacher.

new text begin (d) new text end Contracts for teaching or supervision of teaching can be made only with qualified
teachers. new text begin A school board must not enter into an agreement that restricts the board's authority
to hire a qualified teacher, as defined in section 122A.16, regardless of the tier level of the
teacher's license. The school board must not enter into an agreement that limits the board's
authority to assign or reassign a teacher to a school or program based on the tier level of
the teacher's license.
new text end

new text begin (e) new text end A teacher shall not be required to reside within the employing district as a condition
to teaching employment or continued teaching employment.

Sec. 2.

Minnesota Statutes 2016, section 122A.41, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Hiring a qualified teacher. new text end

new text begin A school board must not enter into an agreement
that restricts the board's authority to hire a qualified teacher, as defined in section 122A.16,
regardless of the tier level of the teacher's license. The school board must not enter into an
agreement that limits the board's authority to assign or reassign a teacher to a school or
program based on the tier level of the teacher's license.
new text end

Sec. 3. new text begin WITHHOLD BASIC REVENUE.
new text end

new text begin For fiscal year 2019 only, on September 1, 2018, the commissioner of education must
withhold five percent of a school district's basic revenue if, on that date, the collective
bargaining agreement between the school board and the exclusive representative of the
teachers contains a provision restricting the board's authority to hire, assign, or reassign
teachers to a school based on the tier level of the teacher's license.
new text end