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HF 1870

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 11:42am

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Current Version - 3rd Engrossment

A bill for an act
relating to education; allowing school districts to base unrequested leave of
absence and certain discharge and demotion decisions on teacher evaluation
outcomes;amending Minnesota Statutes 2010, sections 122A.40, subdivisions
10, 11, 19; 122A.41, subdivisions 14, 15; 123A.75, subdivision 1; Minnesota
Statutes 2011 Supplement, sections 122A.245, subdivision 1; 122A.40,
subdivision 5; 122A.41, subdivisions 2, 6.

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

Section 1.

Minnesota Statutes 2011 Supplement, section 122A.245, subdivision 1,
is amended to read:


Subdivision 1.

Requirements.

(a) To improve academic excellence, improve ethnic
and cultural diversity in the classroom, and close the academic achievement gap, the
Board of Teaching must approve qualified teacher preparation programs under this section
that are a means to acquire a two-year limited-term license, which the board may renew
one time for an additional one-year term, and to prepare for acquiring a standard license.
The following entities are eligible to participate under this section:

(1) a school district or charter school that forms a partnership with a college or
university that has a board-approved alternative teacher preparation program; or

(2) a school district or charter school, after consulting with a college or university
with a board-approved teacher preparation program, forms a partnership with a nonprofit
corporation organized under chapter 317A for an education-related purpose that has a
board-approved teacher preparation program.

(b) Before participating in this program, a candidate must:

(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
board waives the grade point average requirement based on board-adopted criteria;

(2) pass the reading, writing, and mathematics skills examination under section
122A.09, subdivision 4, paragraph (b); and

(3) obtain qualifying scores on applicable board-approved rigorous content area and
pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).

(c) The Board of Teaching must issue a two-year limited-term license to a person
who enrolls in an alternative teacher preparation program. This limited-term license is not
a provisional license under section 122A.40 or 122A.41.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2011 Supplement, 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, 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 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 or consistent with the unrequested leave of
absence plan in effect under subdivision 10 or 11
. 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 June 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 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:


Subd. 10.

Negotiated unrequested leave of absence.

(a) The school board and the
exclusive bargaining representative of the teachers may must negotiate a plan providing
for unrequested leave of absence without pay or fringe benefits for as many teachers
as may be necessary because of discontinuance of position, lack of pupils, financial
limitations, or merger of classes caused by consolidation of districts. The plan must
base unrequested leave of absence decisions on teachers' subject matter licensure fields
and evaluation outcomes, from the least to most effective category under subdivision 8
and from the least to greatest seniority within each effectiveness category, and must be
consistent with subdivision 11, paragraph (n).
Failing to successfully negotiate such a
plan, the provisions of subdivision 11 shall apply. The negotiated plan must not include
provisions which would result in the exercise of seniority by a teacher holding only a
provisional license, other than a vocational education license if required for the position,
contrary to the provisions of subdivision 11, clause paragraph (c), or the reinstatement
of a teacher holding only a provisional license, other than a vocational education license
required for the position
, contrary to the provisions of subdivision 11, clause (e) paragraph
(f)
. The provisions of section 179A.16 do not apply for the purposes of this subdivision.

(b) For purposes of placing a teacher on unrequested leave of absence or recalling a
teacher from unrequested leave of absence, nothing in this subdivision requires a school
board to reassign a teacher in order to accommodate the seniority claims of another
teacher. For purposes of this subdivision, a provisional license is a license to teach issued
by the Board of Teaching under a waiver or variance.

(c) Notwithstanding section 13.43, subdivision 2, paragraph (a), clause (5), or
other law to the contrary, a teacher's effectiveness category and the underlying data on
the individual teacher generated under the teacher evaluation process in subdivision 8,
paragraph (b), used to determine a teacher's effectiveness category for purposes of this
subdivision are private data on individuals.

(d) Notwithstanding paragraph (c), the school board may make the effectiveness
categories of the teachers accessible to the exclusive representative of teachers for the
purpose of verifying the order of teachers' unrequested leave of absence.

(e) Nothing in this subdivision permits a school board to use a teacher's remuneration
as a basis for making unrequested leave of absence or discharge decisions.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to negotiated plans agreed to after that date.

Sec. 4.

Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:


Subd. 11.

Unrequested leave of absence.

The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger
of classes caused by consolidation or reorganization of districts under chapter 123A.
The unrequested leave is effective at the close of the school year. In placing teachers on
unrequested leave, the board is governed by the following provisions:

(a) The board may place probationary teachers on unrequested leave first in the
inverse order of their employment. A teacher who has acquired continuing contract
rights must not be placed on unrequested leave of absence while probationary teachers
are retained in positions for which the teacher who has acquired continuing contract
rights is licensed;.

(b) Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the inverse order
in which they were employed by the school district. In the case of equal seniority, the
order in which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiable;.

(c) Notwithstanding the provisions of clause paragraph (b), a teacher is not entitled
to exercise any seniority when that exercise results in that teacher being retained by the
district in a field for which the teacher holds only a provisional license, as defined by the
board of teaching,
unless that exercise of seniority results in the placement on unrequested
leave of absence of another teacher who also holds a provisional license in the same field.
The provisions of this clause paragraph do not apply to vocational education licenses;
required for available positions.

(d) Notwithstanding clauses paragraphs (a), (b) and (c), if the placing of a
probationary teacher on unrequested leave before a teacher who has acquired continuing
rights, the placing of a teacher who has acquired continuing contract rights on unrequested
leave before another teacher who has acquired continuing contract rights but who has
greater seniority, or the restriction imposed by the provisions of clause paragraph (c) would
place the district in violation of its affirmative action program, the district may retain the
probationary teacher, the teacher with less seniority, or the provisionally licensed teacher;.

(e) For purposes of placing a teacher on unrequested leave of absence or recalling a
teacher from unrequested leave of absence, nothing in this subdivision requires a school
board to reassign a teacher in order to accommodate the seniority claims of another teacher.

(f) Teachers placed on unrequested leave of absence must be reinstated to the
positions from which they have been given leaves of absence or, if not available, to other
available positions in the school district in fields in which they are licensed. Reinstatement
must be in the inverse order of placement on leave of absence. A teacher must not be
reinstated to a position in a field in which the teacher holds only a provisional license,
other than a vocational education license if required for the position, while another teacher
who holds a nonprovisional license in the same field remains on unrequested leave.
The order of reinstatement of teachers who have equal seniority and who are placed on
unrequested leave in the same school year is negotiable;.

(f) (g) Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the board;.

(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
or any other occupation during the period of this leave;.

(h) (i) The unrequested leave of absence must not impair the continuing contract
rights of a teacher or result in a loss of credit for previous years of service;.

(i) (j) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
absence of a teacher who is categorized as effective or better under subdivision 8, who
is placed on unrequested leave of absence, and who is not reinstated shall continue for a
period of five years, after which the right to reinstatement shall terminate terminates. The
teacher's right to reinstatement shall also terminate terminates if the teacher fails to file
with the board by April 1 of any each year a written statement requesting reinstatement;.

(k) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
absence of a teacher who is categorized as ineffective or less under subdivision 8, who
is placed on unrequested leave of absence, and who is not reinstated continues for the
following school year only, after which the teacher's right to reinstatement terminates. The
teacher's right to reinstatement also terminates if the teacher fails to file with the board by
April 1 in that following school year a written statement requesting reinstatement.

(j) (l) The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
absence;.

(k) (m) Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
eligible.

(n) Beginning in the 2016-2017 school year and later, and notwithstanding any
contradictory provisions in this subdivision, a school board must place teachers on
unrequested leave of absence based on their subject matter licensure fields and most recent
evaluation outcomes, from the least to most effective category under subdivision 8 and
from least to greatest seniority, including probationary teachers, within each effectiveness
category. A school board is not required to reassign a teacher in order to accommodate the
seniority claims of another teacher. A school board may decide to renew or not renew a
probationary teacher's contract as it sees fit. The school board must make available to the
public in a readily accessible format the unrequested leave of absence plan it develops and
implements under this paragraph.

(o) For purposes of this subdivision, a provisional license is a license to teach issued
by the Board of Teaching under a waiver or variance.

(p) Notwithstanding section 13.43, subdivision 2, paragraph (a), clause (5), or
other law to the contrary, a teacher's effectiveness category and the underlying data on
the individual teacher generated under the teacher evaluation process in subdivision 8,
paragraph (b), used to determine a teacher's effectiveness category for purposes of this
subdivision are private data on individuals.

EFFECTIVE DATE.

This section is effective the day following final enactment
except that paragraph (n) is effective for the 2016-2017 school year and later.

Sec. 5.

Minnesota Statutes 2010, section 122A.40, subdivision 19, is amended to read:


Subd. 19.

Records relating to individual teacher; access; expungement.

All
evaluations and files generated within a school district relating to each individual teacher,
including teacher evaluation data under subdivisions 8, 10, and 11, among other teacher
evaluations and files,
must be available to each individual teacher upon written request.
Effective January 1, 1976, all evaluations and files, wherever generated, relating to each
individual teacher must be available to each individual teacher upon written request. The
teacher shall have the right to reproduce any of the contents of the files at the teacher's
expense and to submit for inclusion in the file written information in response to any
material contained therein.

A district may destroy the files as provided by law and must expunge from
the teacher's file any material found to be false or inaccurate through the grievance
procedure required pursuant to section 179A.20, subdivision 4. The grievance procedure
promulgated by the director of the bureau of mediation services, pursuant to section
179A.04, subdivision 3, clause (h), applies to those principals and supervisory employees
not included in an appropriate unit as defined in section 179A.03. Expungement
proceedings must be commenced within the time period provided in the collective
bargaining agreement for the commencement of a grievance. If no time period is provided
in the bargaining agreement, the expungement proceedings must commence within 15
days after the teacher has knowledge of the inclusion in the teacher's file of the material
the teacher seeks to have expunged.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

Minnesota Statutes 2011 Supplement, 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 or consistent with the service
termination plan in effect under subdivision 6 or 14
. 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 subdivisions 3
and 5. Evaluation by the peer review committee charged with evaluating probationary
teachers under subdivision 3 shall 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 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 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7.

Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 6, is
amended to read:


Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided in
paragraph (b) (d), causes for the discharge or demotion of a teacher either during or after
the probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release
of the school board having the care, management, or control of the school in which the
teacher is employed;

(3) inefficiency in teaching or in the management of a school, consistent with
subdivision 5, paragraph (b);

(4) affliction with active tuberculosis or other communicable disease must be
considered as cause for removal or suspension while the teacher is suffering from such
disability; or

(5) discontinuance of position or lack of pupils.

Beginning in the 2016-2017 school year and later, and notwithstanding any
contradictory provisions in this subdivision, the school board must discharge or demote
teachers under clause (5) based on their subject matter licensure fields and most recent
evaluation outcomes, from the least to most effective category under subdivision 5 and
from least to greatest seniority, including probationary teachers, within each effectiveness
category. Nothing in this subdivision permits a school board to use a teacher's
remuneration as the basis for making discharge or demotion decisions. The school board
must make available to the public in a readily accessible format any discharge and
demotion plan it develops to implement clause (5) of this paragraph.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

(b) Notwithstanding section 13.43, subdivision 2, paragraph (a), clause (5), or
other law to the contrary, a teacher's effectiveness category and the underlying data on
the individual teacher generated under the teacher evaluation process in subdivision 5,
paragraph (b), used to determine a teacher's effectiveness category for purposes of this
subdivision are private data on individuals.

(c) Notwithstanding paragraph (b), the school board may make the effectiveness
categories of the teachers accessible to the exclusive representative of teachers for the
purpose of verifying the order of teachers' discharge and demotion.

(b) (d) A probationary or continuing-contract teacher must be discharged
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.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to negotiated plans agreed to after that date.

Sec. 8.

Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:


Subd. 14.

Services terminated by discontinuance or lack of pupils; preference
given.

(a) To the extent consistent with paragraph (c) and subdivision 6, paragraph (a),
clause (5),
a teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions in the district
for which that teacher is qualified. In the event If it becomes is necessary to discontinue
one or more positions, in making such discontinuance, teachers must be discontinued in
any department in the inverse order in which they were employed, unless a board and the
exclusive representative of teachers in the district negotiate a plan providing otherwise.

(b) Notwithstanding the provisions of clause paragraph (a), and to the extent
consistent with paragraph (c) and subdivision 6, paragraph (a)
, a teacher is not entitled
to exercise any seniority when that exercise results in that teacher being retained by the
district in a field for which the teacher holds only a provisional license, as defined by the
Board of Teaching,
unless that exercise of seniority results in the termination of services,
on account of discontinuance of position or lack of pupils, of another teacher who also
holds a provisional license in the same field. The provisions of this clause do not apply
to vocational education licenses.

(c) For purposes of discharging, demoting, or recalling a teacher whose services are
terminated under this subdivision, nothing in this subdivision requires a school board to
reassign a teacher in order to accommodate the seniority claims of another teacher.

(d) Notwithstanding the provisions of clause paragraph (a), and to the extent
consistent with paragraph (c) and subdivision 6, paragraph (a)
, a teacher must not be
reinstated to a position in a field in which the teacher holds only a provisional license,
other than a vocational education license if required for the position, while another teacher
who holds a nonprovisional license in the same field is available for reinstatement.

(e) For purposes of this subdivision, a provisional license is a license to teach issued
by the Board of Teaching under a waiver or variance.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 9.

Minnesota Statutes 2010, section 122A.41, subdivision 15, is amended to read:


Subd. 15.

Records relating to individual teacher; access; expungement.

All
evaluations and files generated within a district relating to each individual teacher,
including teacher evaluation data under subdivisions 5, 6, and 14, among other teacher
evaluations and files,
must be available to each individual teacher upon the teacher's
written request. Effective January 1, 1976, all evaluations and files, wherever generated,
relating to each individual teacher must be available to each individual teacher upon the
teacher's written request. The teacher has the right to reproduce any of the contents of the
files at the teacher's expense and to submit for inclusion in the file written information in
response to any material contained therein.

A district may destroy the files as provided by law and must expunge from
the teacher's file any material found to be false or substantially inaccurate through
the grievance procedure required pursuant to section 179A.20, subdivision 4. The
grievance procedure promulgated by the director of the Bureau of Mediation Services,
pursuant to section 179A.04, subdivision 3, clause (h), applies to those principals and
supervisory employees not included in an appropriate unit as defined in section 179A.03.
Expungement proceedings must be commenced within the time period provided in the
collective bargaining agreement for the commencement of a grievance. If no time period
is provided in the bargaining agreement, the expungement proceedings must commence
within 15 days after the teacher has knowledge of the inclusion in the teacher's file of the
material the teacher seeks to have expunged.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 10.

Minnesota Statutes 2010, section 123A.75, subdivision 1, is amended to read:


Subdivision 1.

Teacher assignment.

(a) As of the effective date of a consolidation
in which a district is divided or the dissolution of a district and its attachment to two or
more existing districts, each teacher employed by an affected district shall be assigned to
the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
district according to the new district boundaries. The district receiving the greatest number
of pupils must be assigned the teacher with the greatest seniority, and the remaining
teachers must be alternately assigned to each district until the district receiving the fewest
pupils has received its ratio of teachers who will not be retiring before the effective date of
the consolidation or dissolution.

(b) Notwithstanding paragraph (a), the board and the exclusive representative of
teachers in each district involved in the consolidation or dissolution and attachment may
negotiate a plan for assigning teachers to each newly created or enlarged district.

(c) Notwithstanding other law to the contrary, the provisions of this section apply
only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and 11.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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