Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 525-H.F.No. 1850 
           An act relating to statutes; conforming various laws 
          to judicial decisions of unconstitutionality; amending 
          Minnesota Statutes 1982, sections 125.12, subdivision 
          4; 297A.25, subdivision 4; and 609.341, subdivision 
          11; repealing Minnesota Statutes 1982, section 238.07. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 125.12, 
subdivision 4, is amended to read: 
    Subd. 4.  [TERMINATION OF CONTRACT AFTER PROBATIONARY 
PERIOD.] A teacher who has completed his probationary period in 
any school district, and who has not been discharged or advised 
of a refusal to renew his contract pursuant to subdivision 3, 
shall have a continuing contract with such district.  
Thereafter, the teacher's contract shall 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 6 or prior to June 1 upon 
one of the grounds specified in subdivisions 6a or 6b, or until 
the teacher is discharged pursuant to subdivision 8, or by the 
written resignation of the teacher submitted prior to April 1; 
provided, however, that 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 179.61 to 
179.76 prior to March 1, the teacher's right of resignation 
shall be extended to the 30th calendar day following the 
adoption of said contract in compliance with section 179.70, 
subdivision 2.  Such written resignation by the teacher shall be 
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 shall 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.  Within 14 days after 
receipt of this notification the teacher may make a written 
request for a hearing before the board 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.  Such contract may be 
terminated at any time by mutual consent of the board and the 
teacher and this section shall not affect the powers of a board 
to suspend, discharge, or demote a teacher under and pursuant to 
other provisions of law. 
    Sec. 2.  Minnesota Statutes 1982, section 297A.25, 
subdivision 4, is amended to read:  
    Subd. 4.  Nothing herein shall exempt the gross receipts 
from sales of road building materials intended for use in state 
trunk highway or interstate highway construction, whether 
purchased by the state or its contractors. 
    Sec. 3.  Minnesota Statutes 1982, section 609.341, 
subdivision 11, is amended to read:  
    Subd. 11.  "Sexual contact" includes any of the following 
acts committed without the complainant's consent, if the acts 
can reasonably be construed as being for the purpose of 
satisfying the actor's sexual or aggressive impulses, except in 
those cases where consent is not a defense: 
    (i) The intentional touching by the actor of the 
complainant's intimate parts, or 
    (ii) The touching by the complainant of the actor's, the 
complainant's, or another's intimate parts effected by coercion 
or the use of a position of authority, or 
    (iii) The touching by another of the complainant's intimate 
parts effected by coercion or the use of a position of 
authority, or 
    (iv) In any of the cases above, of the clothing covering 
the immediate area of the intimate parts.  
    Sec. 4.  [REPEALER.] 
     Minnesota Statutes 1982, section 238.07, is repealed. 
    Approved April 25, 1984