Minnesota Legislature
SF 747
as introduced - 87th Legislature (2011 - 2012) Posted on 06/06/2012 04:44pm
Current Version - as introduced
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A bill for an act
relating to education; modifying teacher termination and discharge procedures;
amending Minnesota Statutes 2010, section 122A.40, subdivisions 7, 9, 13,
15, 16.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 122A.40, subdivision 7, is amended to
read:
Subd. 7.
Termination of contract after probationary period.
(a) A teacher who
has completed a probationary period in any district, and who has not been discharged or
advised of a refusal to renew the teacher's contract under subdivision 5, shall deleted text begin elect todeleted text end have
a continuing contract with deleted text begin suchdeleted text end new text begin thenew text end district where contract terms and conditions, including
salary and salary increases, are established based either on the length of the school calendar
or an extended school calendar under section 120A.415. Thereafter, the teacher's contract
must 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 deleted text begin April 1deleted text end new text begin July 1new text end upon one of the grounds specified in deleted text begin subdivision 9 or July 1 upon
one of the grounds specified indeleted text end subdivision new text begin 9, new text end 10new text begin ,new text end or 11, or until the teacher is discharged
pursuant to subdivision 13, or by the written resignation of the teacher submitted prior to
April 1. If an agreement as to the terms and conditions of employment for the succeeding
school year has not been adopted deleted text begin pursuant to the provisions ofdeleted text end new text begin undernew text end sections 179A.01
to 179A.25 prior to March 1, the teacher's right of resignation is extended to the 30th
calendar day following the adoption of deleted text begin said contractdeleted text end new text begin the agreement new text end in compliance with
section 179A.20, subdivision 5. deleted text begin Suchdeleted text end new text begin Thenew text end written resignation by the teacher is effective as
of June 30 if submitted prior to that date and the teachers' right of resignation for the new text begin next
new text end school year deleted text begin then beginningdeleted text end shall cease on July 15. Before a teacher's contract is terminated
by the board, the board must notify the teacher in writing and state its deleted text begin grounddeleted text end new text begin groundsnew text end 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 new text begin calendar new text end days after
receipt of deleted text begin suchdeleted text end new text begin thenew text end notificationnew text begin , and it shall be granted within ten calendar days with notice
to the teacher of the date set for the hearing, before final action is takennew text end .
If the grounds are those specified in subdivisiondeleted text begin 9 or deleted text end 13, the notice must also state
a teacher may request arbitration under subdivision 15. Within 14 new text begin calendar new text end days after
receipt of deleted text begin thisdeleted text end new text begin thenew text end notificationnew text begin ,new text end the teacher may make a written request for a hearing before
the board or deleted text begin an arbitratordeleted text end new text begin arbitrationnew text end and it shall be granted deleted text begin upon reasonabledeleted text end new text begin within 14
calendar days withnew text end notice to the teacher of the date set for hearingnew text begin or arbitrationnew text end , before
final action is taken. If no hearing new text begin or arbitration new text end is requested within deleted text begin suchdeleted text end new text begin the required
time new text end period, it shall be deemed acquiescence by the teacher to the board's action. deleted text begin Suchdeleted text end
Termination new text begin under subdivision 9 new text end shall take effect at the close of the school year in which
the contract is terminated deleted text begin in the manner aforesaiddeleted text end new text begin , and termination discharge under
subdivision 13 shall take effect immediately. A board may, however, suspend a teacher
with pay pending the conclusion of such a hearing or arbitration and determination of the
issues raised in the hearing or arbitration after charges have been filed which constitute
grounds for dischargenew text end . deleted text begin Such contract deleted text end new text begin A continuing contract teacher's contract new text end may be
terminated at any time by mutual consent of the board and the teachernew text begin ,new text end and this section
does not affect the powers of a board to suspend, discharge, or demote a teacher under
and pursuant to other provisions of law.
(b) A teacher electing to have a continuing contract based on the extended school
calendar under section 120A.415 must participate in staff development training under
subdivision 7a and shall receive an increased base salary.
Sec. 2.
Minnesota Statutes 2010, section 122A.40, subdivision 9, is amended to read:
Subd. 9.
Grounds for termination.
A continuing contract may be terminated,
effective at the close of the school year, upon any of the following grounds:
deleted text begin (a)deleted text end new text begin (1)new text end inefficiency;
deleted text begin (b)deleted text end new text begin (2)new text end neglect of duty, or persistent violation of school laws, rules, regulations,
or directives;
deleted text begin (c)deleted text end new text begin (3)new text end conduct unbecoming a teacher which materially impairs the teacher's
educational effectiveness;new text begin or
new text end
deleted text begin (d)deleted text end new text begin (4)new text end other good and sufficient grounds rendering the teacher unfit to perform
the teacher's duties.
A contract must not be terminated upon one of the grounds specified in clause
deleted text begin (a), (b), (c), or (d)deleted text end new text begin (1), (2), (3), or (4)new text end , unless the teacher fails to correct the deficiency
after being given written notice of the specific items of complaint deleted text begin and reasonable timedeleted text end new text begin ,
a written plan to assist the teacher in remedy, the specific items of complaint, and for a
period not to exceed six months new text end within which to remedy them.
Sec. 3.
Minnesota Statutes 2010, section 122A.40, subdivision 13, is amended to read:
Subd. 13.
Immediate discharge.
(a) Except as otherwise provided in paragraph
(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
of the following grounds:
(1) immoral conduct, insubordination, or conviction of a felony;
(2) conduct unbecoming a teacher which requires the immediate removal of the
teacher from new text begin the new text end classroom or other duties;
(3) failure without justifiable cause to teach without first securing the written release
of the school board;
(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;
(5) willful neglect of duty; deleted text begin or
deleted text end
(6) continuing physical or mental disability subsequent to a deleted text begin 12 monthsdeleted text end new text begin 12-monthnew text end
leave of absence and inability to qualify for reinstatement in accordance with subdivision
12new text begin ; or
new text end
new text begin (7) the inability of the board to terminate at the close of the previous school year
under subdivision 9new text end .
For purposes of this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , conduct unbecoming a teacher includes
an unfair discriminatory practice described in section 363A.13.
deleted text begin
Prior to discharging a teacher under this paragraph, the board must 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 in the hearing after charges have been filed which
constitute ground for discharge.
deleted text end
(b) A board must discharge a continuing-contract 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.
Sec. 4.
Minnesota Statutes 2010, section 122A.40, subdivision 15, is amended to read:
Subd. 15.
Hearing and determination by arbitrator.
new text begin (a) new text end A teacher whose
deleted text begin termination deleted text end new text begin discharge new text end is proposed under subdivision 7 on grounds specified in deleted text begin subdivision
9, or whose deleted text end deleted text begin discharge is proposed underdeleted text end subdivision 13deleted text begin ,deleted text end may elect deleted text begin a hearing before an
arbitratordeleted text end new text begin arbitrationnew text end instead of new text begin a hearing before new text end the school board. The deleted text begin hearingdeleted text end new text begin arbitrationnew text end
is governed by this subdivision.
deleted text begin (a)deleted text end new text begin (b)new text end The teacher must make a written request for a hearing before an arbitrator
within 14 new text begin calendar new text end days after receiving notification of proposed termination on grounds
specified in subdivision 9 or within ten days of receiving notification of proposed discharge
under subdivision 13. deleted text begin If a request for a hearing does not specify that the hearing be before
an arbitrator, it is considered to be a request for a hearing before the school board.
deleted text end
deleted text begin (b)deleted text end new text begin (c)new text end If the teacher and the school board are unable to mutually agree on an
arbitrator, the board must request from the bureau of mediation services a list of five
new text begin randomly selected new text end persons to serve as an arbitrator.deleted text begin If the matter to be heard is a proposed
termination on grounds specified in subdivision 9, arbitrators on the list must be available
to hear the matter and make a decision within a time frame that will allow the board to
comply with all statutory timelines relating to termination.deleted text end If the teacher and the board
are unable to mutually agree on an arbitrator from the list provided, the parties shall
alternately strike names from the list until the name of one arbitrator remains. The person
remaining after the striking procedure must be the arbitrator. If the parties are unable to
agree on who shall strike the first name, the question must be decided by a flip of a coin.
The teacher and the school board must share equally the costs and fees of the arbitrator.
deleted text begin (c)deleted text end new text begin (d)new text end The arbitrator shall determine, by a preponderance of the evidence, whether
the grounds for deleted text begin termination ordeleted text end discharge specified in subdivision deleted text begin 9 ordeleted text end 13 exist to support
the proposed deleted text begin termination ordeleted text end discharge. A lesser penalty than deleted text begin termination ordeleted text end discharge may
be imposed by the arbitrator only to the extent that deleted text begin either party proposes suchdeleted text end new text begin both parties
agree to anew text end lesser penalty in the proceeding. In making the determination, the arbitration
proceeding is governed by sections 572B.15 to 572B.28 and by the collective bargaining
agreement applicable to the teacher.
deleted text begin (d)deleted text end new text begin (e)new text end An arbitration hearing conducted under this subdivision is a meeting for
preliminary consideration of allegations or charges within the meaning of section 13D.05,
subdivision 3, paragraph (a), and must be closed, unless the teacher requests it to be open.
deleted text begin (e)deleted text end new text begin (f)new text end The arbitrator's award is final and binding on the parties, subject to sections
572B.18 to 572B.28.
Sec. 5.
Minnesota Statutes 2010, section 122A.40, subdivision 16, is amended to read:
Subd. 16.
Decision.
After the hearingnew text begin or arbitrationnew text end , the board must issue a written
decision and orderdeleted text begin . If the board orders termination of a continuing contract or discharge of
a teacherdeleted text end ,new text begin andnew text end its decision must include findings of fact based upon competent evidence in
the record and must be served on the teacherdeleted text begin , accompanied by an order of termination or
discharge, prior to April 1 in the case of a contract termination for grounds specified in
subdivision 9, prior to July 1 for grounds specified in subdivision 10 or 11, ordeleted text end within ten
new text begin calendar new text end days after conclusion of the hearing deleted text begin in the case of a dischargedeleted text end new text begin or receipt of an
arbitrator's decisionnew text end . If the decision of the board or of a reviewing court is favorable to the
teacher, the proceedings must be dismissed and the decision entered in the board minutes,
and all references to deleted text begin suchdeleted text end new text begin thenew text end proceedings must be excluded from the teacher's record file.