Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 152-S.F.No. 1374 
           An act relating to education; providing that 
          discrimination against a pupil by a teacher may be 
          grounds for discharge or demotion; amending Minnesota 
          Statutes 1988, sections 125.12, subdivision 8; and 
          125.17, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 125.12, 
subdivision 8, is amended to read: 
    Subd. 8.  [IMMEDIATE DISCHARGE.] A school board may 
discharge a continuing-contract teacher, effective immediately, 
upon any of the following grounds: 
    (a) Immoral conduct, insubordination, or conviction of a 
felony; 
    (b) Conduct unbecoming a teacher which requires the 
immediate removal of the teacher from classroom or other duties; 
    (c) Failure without justifiable cause to teach without 
first securing the written release of the school board; 
    (d) Gross inefficiency which the teacher has failed to 
correct after reasonable written notice; 
    (e) Willful neglect of duty; or 
    (f) Continuing physical or mental disability subsequent to 
a 12 months leave of absence and inability to qualify for 
reinstatement in accordance with subdivision 7. 
    For purposes of this subdivision, conduct unbecoming a 
teacher includes an unfair discriminatory practice described in 
section 363.03, subdivision 5. 
    Prior to discharging a teacher the board shall notify the 
teacher in writing and state its ground for the proposed 
discharge in reasonable detail.  Within ten days after receipt 
of this notification the teacher may make a written request for 
a hearing before the board and it shall be granted before final 
action is taken.  The board may, however, suspend a teacher with 
pay pending the conclusion of such hearing and determination of 
the issues raised therein after charges have been filed which 
constitute ground for discharge. 
    Sec. 2.  Minnesota Statutes 1988, section 125.17, 
subdivision 4, is amended to read: 
    Subd. 4.  [GROUNDS FOR DISCHARGE OR DEMOTION.] Causes for 
the discharge or demotion of a teacher either during or after 
the probationary period shall 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; 
    (4) Affliction with active tuberculosis or other 
communicable disease shall 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. 
    For purposes of this subdivision, conduct unbecoming a 
teacher includes an unfair discriminatory practice described in 
section 363.03, subdivision 5. 
    Presented to the governor May 16, 1989 
    Signed by the governor May 17, 1989, 3:25 p.m.