2005 Minnesota Statutes

     123B.05 Contract deadline and penalty. 

    Subdivision 1.    Definitions.  The following 
 definitions apply to this section.  

    (1) "Public employer" means:  

    (i) a district; and 

    (ii) a public employer, as defined by section 179A.03, 
 subdivision 15, other than a district that (i) negotiates a 
 contract under chapter 179A with teachers, and (ii) is 
 established by, receives state money, or levies under chapters 
 120A to 129C, or 136D, or 268A. 

    (2) "Teacher" means a person, other than a superintendent 
 or assistant superintendent, principal, assistant principal, or 
 a supervisor or confidential employee who occupies a position 
 for which the person must be licensed by the Board of Teaching, 
 commissioner of education, the former Board of Technical 
 Colleges, or the Board of Trustees of the Minnesota State 
 Colleges and Universities. 

    Subd. 2.    Contract deadline date; state aid penalty.  
 Notwithstanding any law to the contrary, a public employer and 
 the exclusive representative of the teachers must both sign a 
 collective bargaining agreement on or before January 15 of an 
 even-numbered calendar year.  If a collective bargaining 
 agreement is not signed by that date, state aid paid to the 
 public employer for that fiscal year must be reduced.  However, 
 state aid must not be reduced if: 

    (1) a public employer and the exclusive representative of 
 the teachers have submitted all unresolved contract items to 
 interest arbitration according to section 179A.16 before 
 December 31 of an odd-numbered year and filed required final 
 positions on all unresolved items with the commissioner of 
 mediation services before January 15 of an even-numbered year; 
 and 

    (2) the arbitration panel has issued its decision within 60 
 days after the date the final positions were filed. 

    Subd. 3.    State aid penalty exemptions.  (a) For a 
 district that reorganizes according to section 123A.46, 123A.48, 
 or sections 123A.35 to 123A.43 effective July 1 of an 
 odd-numbered year, state aid must not be reduced according to 
 this section if the board and the exclusive representative of 
 the teachers both sign a collective bargaining agreement on or 
 before the March 15 following the effective date of 
 reorganization.  

    (b) For a district that jointly negotiates a contract 
 before the effective date of reorganization under section 
 123A.46, 123A.48, or sections 123A.35 to 123A.43 that, for the 
 first time, includes teachers in all districts to be 
 reorganized, state aid must not be reduced according to this 
 section if the board and the exclusive representative of the 
 teachers sign a collective bargaining agreement on or before the 
 March 15 following the expiration of the teacher contracts in 
 each district involved in the joint negotiation. 

    (c) Only one extension of the contract deadline is 
 available to a district under this subdivision. 

    Subd. 4.    Calculation of state aid reduction.  (a) The 
 reduction must equal $25 times the number of adjusted pupil 
 units:  

    (1) for a district, that are in the district during that 
 fiscal year; or 

    (2) for a public employer other than a district, that are 
 in programs provided by the employer during the preceding fiscal 
 year. 

    (b) The department must determine the number of full-time 
 equivalent resident pupil units in the programs.  The department 
 must reduce general education aid; if general education aid is 
 insufficient or not paid, the department must reduce other state 
 aids. 

    Subd. 5.    State aid reductions returned to general fund. 
  Reductions from aid to districts and public employers other 
 than districts must be returned to the general fund. 

    HIST: 1987 c 398 art 1 s 11; 1988 c 486 s 58-60; 1988 c 718 
 art 1 s 1-3; 1989 c 329 art 1 s 5-12; 1990 c 375 s 3; 1990 c 562 
 art 8 s 28; 1991 c 130 s 37; 1991 c 265 art 1 s 12-19; 1992 c 
 499 art 6 s 20; art 12 s 13,14,29; 1993 c 224 art 1 s 12-17; 
 1993 c 374 s 2; 1994 c 647 art 1 s 21-24; 1995 c 212 art 4 s 64; 
 1Sp1995 c 3 art 1 s 25-44; art 13 s 7; art 16 s 13; 1996 c 412 
 art 1 s 23-25; art 9 s 6; 1997 c 1 s 4; 1997 c 2 s 6; 1Sp1997 c 
 4 art 1 s 36-45; art 4 s 22,23; 1998 c 397 art 7 s 145-151,164; 
 art 11 s 3; art 12 s 3-5; 1998 c 398 art 1 s 28-31; art 4 s 8; 
 art 5 s 55; 1Sp1998 c 3 s 17; 2003 c 130 s 12