1.1                          A bill for an act 
  1.2             relating to education; amending the length of teacher 
  1.3             contracts; amending Minnesota Statutes 2002, sections 
  1.4             122A.40, subdivisions 7, 8; 122A.41, subdivisions 4, 5.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 122A.40, 
  1.7   subdivision 7, is amended to read: 
  1.8      Subd. 7.  [TERMINATION OF CONTRACT AFTER PROBATIONARY 
  1.9   PERIOD.] (a) A teacher who has completed a probationary period 
  1.10  in any district, and who has not been discharged or advised of a 
  1.11  refusal to renew the teacher's contract under subdivision 5, 
  1.12  shall elect to have a five-year continuing contract with such 
  1.13  district where contract terms and conditions, including salary 
  1.14  and salary increases, are established based either on the length 
  1.15  of the school calendar or an extended school calendar under 
  1.16  section 120A.415.  ~~Thereafter, the~~ After the initial five-year 
  1.17  contract, a teacher may have a one-year, three-year, or 
  1.18  five-year contract based on the results of a peer review and a 
  1.19  performance evaluation by the school district.  If a teacher has 
  1.20  a one-year continuing contract, the contract must include an 
  1.21  individual performance improvement plan.  A teacher's contract 
  1.22  must remain in full force and effect, except as modified by 
  1.23  mutual consent of the board and the teacher, until terminated by 
  1.24  a majority roll call vote of the full membership of the board 
  1.25  prior to April 1 upon one of the grounds specified in 
  2.1   subdivision 9 or July 1 upon one of the grounds specified in 
  2.2   subdivision 10 or 11, or until the teacher is discharged 
  2.3   pursuant to subdivision 13, or by the written resignation of the 
  2.4   teacher submitted prior to April 1.  If an agreement as to the 
  2.5   terms and conditions of employment for the succeeding school 
  2.6   year has not been adopted pursuant to the provisions of sections 
  2.7   179A.01 to 179A.25 prior to March 1, the teacher's right of 
  2.8   resignation is extended to the 30th calendar day following the 
  2.9   adoption of said contract in compliance with section 179A.20, 
  2.10  subdivision 5.  Such written resignation by the teacher is 
  2.11  effective as of June 30 if submitted prior to that date and the 
  2.12  teachers' right of resignation for the school year then 
  2.13  beginning shall cease on July 15.  Before a teacher's contract 
  2.14  is terminated by the board, the board must notify the teacher in 
  2.15  writing and state its ground for the proposed termination in 
  2.16  reasonable detail together with a statement that the teacher may 
  2.17  make a written request for a hearing before the board within 14 
  2.18  days after receipt of such notification.  If the grounds are 
  2.19  those specified in subdivision 9 or 13, the notice must also 
  2.20  state a teacher may request arbitration under subdivision 15.  
  2.21  Within 14 days after receipt of this notification the teacher 
  2.22  may make a written request for a hearing before the board or an 
  2.23  arbitrator and it shall be granted upon reasonable notice to the 
  2.24  teacher of the date set for hearing, before final action is 
  2.25  taken.  If no hearing is requested within such period, it shall 
  2.26  be deemed acquiescence by the teacher to the board's action.  
  2.27  Such termination shall take effect at the close of the school 
  2.28  year in which the contract is terminated in the manner 
  2.29  aforesaid.  Such contract may be terminated at any time by 
  2.30  mutual consent of the board and the teacher and this section 
  2.31  does not affect the powers of a board to suspend, discharge, or 
  2.32  demote a teacher under and pursuant to other provisions of law. 
  2.33     (b) A teacher electing to have a continuing contract based 
  2.34  on the extended school calendar under section 120A.415 must 
  2.35  participate in staff development training under subdivision 7a 
  2.36  and shall receive an increased base salary. 
  3.1      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
  3.2      Sec. 2.  Minnesota Statutes 2002, section 122A.40, 
  3.3   subdivision 8, is amended to read: 
  3.4      Subd. 8.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
  3.5   school board and an exclusive representative of the teachers in 
  3.6   the district shall develop a peer review process for continuing 
  3.7   contract teachers through joint agreement.  The peer review 
  3.8   process may be district-developed or site-based. 
  3.9      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
  3.10     Sec. 3.  Minnesota Statutes 2002, section 122A.41, 
  3.11  subdivision 4, is amended to read: 
  3.12     Subd. 4.  [PERIOD OF SERVICE AFTER PROBATIONARY PERIOD; 
  3.13  DISCHARGE OR DEMOTION.] (a) After the completion of such 
  3.14  probationary period, without discharge, such teachers as are 
  3.15  thereupon reemployed shall continue in service and hold their 
  3.16  respective position during good behavior and efficient and 
  3.17  competent service for an initial five-year period and must not 
  3.18  be discharged or demoted except for cause after a 
  3.19  hearing.  After the initial five-year contract, a teacher may 
  3.20  have a one-year, three-year, or five-year contract based on the 
  3.21  results of a peer review and a performance evaluation by the 
  3.22  school district.  If a teacher has a one-year contract, the 
  3.23  contract must include an individual performance improvement 
  3.24  plan.  The terms and conditions of a teacher's employment 
  3.25  contract, including salary and salary increases, must be based 
  3.26  either on the length of the school year or an extended school 
  3.27  calendar under section 120A.415.  
  3.28     (b) A probationary teacher is deemed to have been 
  3.29  reemployed for the ensuing school year, unless the school board 
  3.30  in charge of such school gave such teacher notice in writing 
  3.31  before July 1 of the termination of such employment.  
  3.32     (c) A teacher electing to have an employment contract based 
  3.33  on the extended school calendar under section 120A.415 must 
  3.34  participate in staff development training under subdivision 4a 
  3.35  and shall receive an increased base salary. 
  3.36     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
  4.1      Sec. 4.  Minnesota Statutes 2002, section 122A.41, 
  4.2   subdivision 5, is amended to read: 
  4.3      Subd. 5.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
  4.4   school board and an exclusive representative of the teachers in 
  4.5   the district must develop a peer review process for 
  4.6   nonprobationary teachers through joint agreement.  The peer 
  4.7   review process may be district-developed or site-based.  
  4.8      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.