language to be deleted (2) new language
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.