Bill Text: MN SF1690 | 2011-2012 | 87th Legislature | Introduced
Bill Title: School districts to base leave of absence and discharge decisions on teacher evaluation outcomes
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-02-21 - HF substituted in committee HF1870 [SF1690 Detail]
Download: Minnesota-2011-SF1690-Introduced.html
1.2relating to education; allowing school districts to base unrequested leave of
1.3absence and certain discharge and demotion decisions on teacher evaluation
1.4outcomes;amending Minnesota Statutes 2010, sections 122A.40, subdivisions
1.510, 11; 122A.41, subdivision 14; Minnesota Statutes 2011 Supplement, section
1.6122A.41, subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to
1.9read:
1.10 Subd. 10. Negotiated unrequested leave of absence. (a) The school board and
1.11the exclusive bargaining representative of the teachers may negotiate a plan providing for
1.12unrequested leave of absence without pay or fringe benefits for as many teachers as may
1.13be necessary because of discontinuance of position, lack of pupils, financial limitations, or
1.14merger of classes caused by consolidation of districts.Failing to successfully negotiate
1.15such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
1.16include provisions which would result in the exercise of seniority by a teacher holding a
1.17provisional license, other than a vocational education license, contrary to the provisions of
1.18subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license,
1.19other than a vocational education license, contrary to the provisions of subdivision 11,
1.20clause (e). The provisions of section179A.16 do not apply for the purposes of this
1.21subdivision. The negotiated plan may base unrequested leave of absence decisions on
1.22licensure fields and teachers' evaluation outcomes under subdivision 8, from the least to
1.23most effective category and from least to greatest seniority within each category.
1.24(b) Failing to successfully negotiate a plan under paragraph (a), the provisions of
1.25subdivision 11 shall apply unless a majority of the school board members formally decides
2.1to place teachers on unrequested leave of absence based on licensure fields and teachers'
2.2evaluation outcomes under subdivision 8, from the least to most effective category and
2.3from least to greatest seniority within each category. In such a case the board must
2.4develop, publish, and implement an unrequested leave of absence plan based on licensure
2.5fields and the teachers' evaluation outcomes, from the least to most effective category and
2.6from least to greatest seniority within each category, and subdivision 11 does not apply.
2.7(c) For purposes of placing a teacher on unrequested leave of absence or recalling
2.8a teacher from unrequested leave of absence, nothing in this subdivision shall require
2.9a school board to reassign a teacher with more seniority to a different subject matter
2.10category or to a substantially different grade level assignment in order to accommodate
2.11the seniority claims of a teacher with less seniority. "A substantially different grade level
2.12assignment" means an assignment between kindergarten, grades 1 through 6, junior high
2.13school, and senior high school.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.
2.15 Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
2.16 Subd. 11. Unrequested leave of absence. The board may place on unrequested
2.17leave of absence, without pay or fringe benefits, as many teachers as may be necessary
2.18because of discontinuance of position, lack of pupils, financial limitations, or merger of
2.19classes caused by consolidation of districts. The unrequested leave is effective at the close
2.20of the school year. In placing teachers on unrequested leave, the board is governed by
2.21the following provisions:
2.22(a) The board may place probationary teachers on unrequested leave first in the
2.23inverse order of their employment. A teacher who has acquired continuing contract rights
2.24must not be placed on unrequested leave of absence while probationary teachers are
2.25retained in positions for which the teacher who has acquired continuing contract rights is
2.26licensed;
2.27(b) Teachers who have acquired continuing contract rights shall be placed on
2.28unrequested leave of absence in fields in which they are licensed in the inverse order
2.29in which they were employed by the school district. In the case of equal seniority, the
2.30order in which teachers who have acquired continuing contract rights shall be placed on
2.31unrequested leave of absence in fields in which they are licensed is negotiable;
2.32(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
2.33any seniority when that exercise results in that teacher being retained by the district in a
2.34field for which the teacher holds only a provisional license, as defined by the board of
2.35teaching, unless that exercise of seniority results in the placement on unrequested leave of
3.1absence of another teacher who also holds a provisional license in the same field. The
3.2provisions of this clause do not apply to vocational education licenses;
3.3(d) Notwithstanding clauses (a), (b) and (c), if the placing of a probationary teacher
3.4on unrequested leave before a teacher who has acquired continuing rights, the placing of a
3.5teacher who has acquired continuing contract rights on unrequested leave before another
3.6teacher who has acquired continuing contract rights but who has greater seniority, or the
3.7restriction imposed by the provisions of clause (c) would place the district in violation of
3.8its affirmative action program, the district may retain the probationary teacher, the teacher
3.9with less seniority, or the provisionally licensed teacher;
3.10(e) For purposes of placing a teacher on unrequested leave of absence or recalling
3.11a teacher from unrequested leave of absence, nothing in this subdivision shall require
3.12a school board to reassign a teacher with more seniority to a different subject matter
3.13category or to a substantially different grade level assignment in order to accommodate
3.14the seniority claims of a teacher with less seniority. "A substantially different grade level
3.15assignment" means an assignment between kindergarten, grades 1 through 6, junior high
3.16school, and senior high school;
3.17(f) Teachers placed on unrequested leave of absence must be reinstated to the
3.18positions from which they have been given leaves of absence or, if not available, to
3.19other available positions in the school district in fields in which they are licensed.
3.20Reinstatement must be in the inverse order of placement on leave of absence. A teacher
3.21must not be reinstated to a position in a field in which the teacher holds only a provisional
3.22license, other than a vocational education license, while another teacher who holds a
3.23nonprovisional license in the same field remains on unrequested leave. The order of
3.24reinstatement of teachers who have equal seniority and who are placed on unrequested
3.25leave in the same school year is negotiable;
3.26(f) (g) Appointment of a new teacher must not be made while there is available, on
3.27unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
3.28teacher fails to advise the school board within 30 days of the date of notification that a
3.29position is available to that teacher who may return to employment and assume the duties
3.30of the position to which appointed on a future date determined by the board;
3.31(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
3.32or any other occupation during the period of this leave;
3.33(h) (i) The unrequested leave of absence must not impair the continuing contract
3.34rights of a teacher or result in a loss of credit for previous years of service;
3.35(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested
3.36leave of absence and who is not reinstated shall continue for a period of five years, after
4.1which the right to reinstatementshall terminate also terminates. The teacher's right to
4.2reinstatement shall also terminate if the teacher fails to file with the board by April 1 of
4.3any year a written statement requesting reinstatement;
4.4(k) The unrequested leave of absence of an ineffective teacher who is placed on
4.5unrequested leave of absence and who is not reinstated shall continue for the following
4.6school year only, after which the right to reinstatement terminates. The teacher's right to
4.7reinstatement also terminates if the teacher fails to file with the board by April 1 in that
4.8following school year a written statement requesting reinstatement;
4.9(j) (l) The same provisions applicable to terminations of probationary or continuing
4.10contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;
4.11(k) (m) Nothing in this subdivision shall be construed to impair the rights of teachers
4.12placed on unrequested leave of absence to receive unemployment benefits if otherwise
4.13eligible.;
4.14(n) Beginning in the 2015-2016 school year and later, and notwithstanding any
4.15contradictory provisions in this subdivision, a school board must place teachers on
4.16unrequested leave of absence based on licensure fields and the teachers' most recent
4.17evaluation outcomes under subdivision 8, from the least to most effective category and
4.18from least to greatest seniority within each category, unless the placement violates the
4.19district's affirmative action program. A school board is not required to reassign a teacher
4.20with more seniority to a different subject matter category or to a substantially different
4.21grade level assignment in order to accommodate the seniority claims of a less senior
4.22teacher. The school board must publish in a readily accessible format the unrequested
4.23leave of absence plan it develops and implements under this paragraph.
4.24EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
4.25later.
4.26 Sec. 3. Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 6, is
4.27amended to read:
4.28 Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
4.29in paragraph (b), causes for the discharge or demotion of a teacher either during or after
4.30the probationary period must be:
4.31(1) immoral character, conduct unbecoming a teacher, or insubordination;
4.32(2) failure without justifiable cause to teach without first securing the written release
4.33of the school board having the care, management, or control of the school in which the
4.34teacher is employed;
5.1(3) inefficiency in teaching or in the management of a school, consistent with
5.2subdivision 5, paragraph (b);
5.3(4) affliction with active tuberculosis or other communicable disease must be
5.4considered as cause for removal or suspension while the teacher is suffering from such
5.5disability; or
5.6(5) discontinuance of position or lack of pupils.
5.7The school board and the exclusive representative of the teachers may negotiate an
5.8agreement to discharge or demote a teacher under clause (5) based on licensure fields
5.9and teachers' evaluation outcomes under subdivision 5, from the least to most effective
5.10category and from least to greatest seniority within each category. Alternatively, the
5.11majority of the school board members may formally decide to discharge or demote a
5.12teacher under clause (5) based on licensure fields and teachers' evaluation outcomes
5.13under subdivision 5, from the least to most effective category and from least to greatest
5.14seniority within each category, in which case the board must develop and implement
5.15a discharge and demotion plan based on licensure fields and the teachers' evaluation
5.16outcomes, from the least to most effective category and from least to greatest seniority
5.17within each category. Beginning in the 2015-2016 school year and later, the school board
5.18must discharge or demote a teacher under clause (5) based on licensure fields and the
5.19teachers' most recent evaluation outcomes under subdivision 5, from the least to most
5.20effective category and from least to greatest seniority within each category, and licensure
5.21fields unless the placement violates a district affirmative action program. The school board
5.22must publish in a readily accessible format any discharge and demotion plan it develops
5.23to implement clause (5) of this paragraph.
5.24For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
5.25discriminatory practice described in section363A.13 .
5.26(b) A probationary or continuing-contract teacher must be discharged immediately
5.27upon receipt of notice under section122A.20, subdivision 1 , paragraph (b), that the
5.28teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
5.29EFFECTIVE DATE.This section is effective the day following final enactment.
5.30 Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
5.31 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
5.32given. (a) Consistent with paragraph (c), a teacher whose services are terminated on
5.33account of discontinuance of position or lack of pupils must receive first consideration for
5.34other positions in the district for which that teacher is qualified. In the event it becomes
5.35necessary to discontinue one or more positions, in making such discontinuance, teachers
6.1must be discontinued in any department in the inverse order in which they were employed,
6.2unless a board and the exclusive representative of teachers in the district negotiate a
6.3plan providing otherwise.
6.4(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
6.5any seniority when that exercise results in that teacher being retained by the district in
6.6a field for which the teacher holds only a provisional license, as defined by the Board
6.7of Teaching, unless that exercise of seniority results in the termination of services, on
6.8account of discontinuance of position or lack of pupils, of another teacher who also
6.9holds a provisional license in the same field. The provisions of this clause do not apply
6.10to vocational education licenses.
6.11(c) For purposes of placing a teacher on unrequested leave of absence or recalling
6.12a teacher from unrequested leave of absence, nothing in this subdivision shall require
6.13a school board to reassign a teacher with more seniority to a different subject matter
6.14category or to a substantially different grade level assignment in order to accommodate
6.15the seniority claims of a teacher with less seniority. "A substantially different grade level
6.16assignment" means an assignment between kindergarten, grades 1 through 6, junior high
6.17school, and senior high school.
6.18(d) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
6.19to a position in a field in which the teacher holds only a provisional license, other than a
6.20vocational education license, while another teacher who holds a nonprovisional license in
6.21the same field is available for reinstatement.
6.22EFFECTIVE DATE.This section is effective the day following final enactment.
1.3absence and certain discharge and demotion decisions on teacher evaluation
1.4outcomes;amending Minnesota Statutes 2010, sections 122A.40, subdivisions
1.510, 11; 122A.41, subdivision 14; Minnesota Statutes 2011 Supplement, section
1.6122A.41, subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to
1.9read:
1.10 Subd. 10. Negotiated unrequested leave of absence. (a) The school board and
1.11the exclusive bargaining representative of the teachers may negotiate a plan providing for
1.12unrequested leave of absence without pay or fringe benefits for as many teachers as may
1.13be necessary because of discontinuance of position, lack of pupils, financial limitations, or
1.14merger of classes caused by consolidation of districts.
1.15
1.16include provisions which would result in the exercise of seniority by a teacher holding a
1.17provisional license, other than a vocational education license, contrary to the provisions of
1.18subdivision 11, clause (c), or the reinstatement of a teacher holding a provisional license,
1.19other than a vocational education license, contrary to the provisions of subdivision 11,
1.20clause (e). The provisions of section
1.21subdivision. The negotiated plan may base unrequested leave of absence decisions on
1.22licensure fields and teachers' evaluation outcomes under subdivision 8, from the least to
1.23most effective category and from least to greatest seniority within each category.
1.24(b) Failing to successfully negotiate a plan under paragraph (a), the provisions of
1.25subdivision 11 shall apply unless a majority of the school board members formally decides
2.1to place teachers on unrequested leave of absence based on licensure fields and teachers'
2.2evaluation outcomes under subdivision 8, from the least to most effective category and
2.3from least to greatest seniority within each category. In such a case the board must
2.4develop, publish, and implement an unrequested leave of absence plan based on licensure
2.5fields and the teachers' evaluation outcomes, from the least to most effective category and
2.6from least to greatest seniority within each category, and subdivision 11 does not apply.
2.7(c) For purposes of placing a teacher on unrequested leave of absence or recalling
2.8a teacher from unrequested leave of absence, nothing in this subdivision shall require
2.9a school board to reassign a teacher with more seniority to a different subject matter
2.10category or to a substantially different grade level assignment in order to accommodate
2.11the seniority claims of a teacher with less seniority. "A substantially different grade level
2.12assignment" means an assignment between kindergarten, grades 1 through 6, junior high
2.13school, and senior high school.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.
2.15 Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
2.16 Subd. 11. Unrequested leave of absence. The board may place on unrequested
2.17leave of absence, without pay or fringe benefits, as many teachers as may be necessary
2.18because of discontinuance of position, lack of pupils, financial limitations, or merger of
2.19classes caused by consolidation of districts. The unrequested leave is effective at the close
2.20of the school year. In placing teachers on unrequested leave, the board is governed by
2.21the following provisions:
2.22(a) The board may place probationary teachers on unrequested leave first in the
2.23inverse order of their employment. A teacher who has acquired continuing contract rights
2.24must not be placed on unrequested leave of absence while probationary teachers are
2.25retained in positions for which the teacher who has acquired continuing contract rights is
2.26licensed;
2.27(b) Teachers who have acquired continuing contract rights shall be placed on
2.28unrequested leave of absence in fields in which they are licensed in the inverse order
2.29in which they were employed by the school district. In the case of equal seniority, the
2.30order in which teachers who have acquired continuing contract rights shall be placed on
2.31unrequested leave of absence in fields in which they are licensed is negotiable;
2.32(c) Notwithstanding the provisions of clause (b), a teacher is not entitled to exercise
2.33any seniority when that exercise results in that teacher being retained by the district in a
2.34field for which the teacher holds only a provisional license, as defined by the board of
2.35teaching, unless that exercise of seniority results in the placement on unrequested leave of
3.1absence of another teacher who also holds a provisional license in the same field. The
3.2provisions of this clause do not apply to vocational education licenses;
3.3(d) Notwithstanding clauses (a), (b) and (c), if the placing of a probationary teacher
3.4on unrequested leave before a teacher who has acquired continuing rights, the placing of a
3.5teacher who has acquired continuing contract rights on unrequested leave before another
3.6teacher who has acquired continuing contract rights but who has greater seniority, or the
3.7restriction imposed by the provisions of clause (c) would place the district in violation of
3.8its affirmative action program, the district may retain the probationary teacher, the teacher
3.9with less seniority, or the provisionally licensed teacher;
3.10(e) For purposes of placing a teacher on unrequested leave of absence or recalling
3.11a teacher from unrequested leave of absence, nothing in this subdivision shall require
3.12a school board to reassign a teacher with more seniority to a different subject matter
3.13category or to a substantially different grade level assignment in order to accommodate
3.14the seniority claims of a teacher with less seniority. "A substantially different grade level
3.15assignment" means an assignment between kindergarten, grades 1 through 6, junior high
3.16school, and senior high school;
3.17(f) Teachers placed on unrequested leave of absence must be reinstated to the
3.18positions from which they have been given leaves of absence or, if not available, to
3.19other available positions in the school district in fields in which they are licensed.
3.20Reinstatement must be in the inverse order of placement on leave of absence. A teacher
3.21must not be reinstated to a position in a field in which the teacher holds only a provisional
3.22license, other than a vocational education license, while another teacher who holds a
3.23nonprovisional license in the same field remains on unrequested leave. The order of
3.24reinstatement of teachers who have equal seniority and who are placed on unrequested
3.25leave in the same school year is negotiable;
3.26
3.27unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
3.28teacher fails to advise the school board within 30 days of the date of notification that a
3.29position is available to that teacher who may return to employment and assume the duties
3.30of the position to which appointed on a future date determined by the board;
3.31
3.32or any other occupation during the period of this leave;
3.33
3.34rights of a teacher or result in a loss of credit for previous years of service;
3.35
3.36leave of absence and who is not reinstated shall continue for a period of five years, after
4.1which the right to reinstatement
4.2reinstatement shall also terminate if the teacher fails to file with the board by April 1 of
4.3any year a written statement requesting reinstatement;
4.4(k) The unrequested leave of absence of an ineffective teacher who is placed on
4.5unrequested leave of absence and who is not reinstated shall continue for the following
4.6school year only, after which the right to reinstatement terminates. The teacher's right to
4.7reinstatement also terminates if the teacher fails to file with the board by April 1 in that
4.8following school year a written statement requesting reinstatement;
4.9
4.10contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;
4.11
4.12placed on unrequested leave of absence to receive unemployment benefits if otherwise
4.13eligible
4.14(n) Beginning in the 2015-2016 school year and later, and notwithstanding any
4.15contradictory provisions in this subdivision, a school board must place teachers on
4.16unrequested leave of absence based on licensure fields and the teachers' most recent
4.17evaluation outcomes under subdivision 8, from the least to most effective category and
4.18from least to greatest seniority within each category, unless the placement violates the
4.19district's affirmative action program. A school board is not required to reassign a teacher
4.20with more seniority to a different subject matter category or to a substantially different
4.21grade level assignment in order to accommodate the seniority claims of a less senior
4.22teacher. The school board must publish in a readily accessible format the unrequested
4.23leave of absence plan it develops and implements under this paragraph.
4.24EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
4.25later.
4.26 Sec. 3. Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 6, is
4.27amended to read:
4.28 Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
4.29in paragraph (b), causes for the discharge or demotion of a teacher either during or after
4.30the probationary period must be:
4.31(1) immoral character, conduct unbecoming a teacher, or insubordination;
4.32(2) failure without justifiable cause to teach without first securing the written release
4.33of the school board having the care, management, or control of the school in which the
4.34teacher is employed;
5.1(3) inefficiency in teaching or in the management of a school, consistent with
5.2subdivision 5, paragraph (b);
5.3(4) affliction with active tuberculosis or other communicable disease must be
5.4considered as cause for removal or suspension while the teacher is suffering from such
5.5disability; or
5.6(5) discontinuance of position or lack of pupils.
5.7The school board and the exclusive representative of the teachers may negotiate an
5.8agreement to discharge or demote a teacher under clause (5) based on licensure fields
5.9and teachers' evaluation outcomes under subdivision 5, from the least to most effective
5.10category and from least to greatest seniority within each category. Alternatively, the
5.11majority of the school board members may formally decide to discharge or demote a
5.12teacher under clause (5) based on licensure fields and teachers' evaluation outcomes
5.13under subdivision 5, from the least to most effective category and from least to greatest
5.14seniority within each category, in which case the board must develop and implement
5.15a discharge and demotion plan based on licensure fields and the teachers' evaluation
5.16outcomes, from the least to most effective category and from least to greatest seniority
5.17within each category. Beginning in the 2015-2016 school year and later, the school board
5.18must discharge or demote a teacher under clause (5) based on licensure fields and the
5.19teachers' most recent evaluation outcomes under subdivision 5, from the least to most
5.20effective category and from least to greatest seniority within each category, and licensure
5.21fields unless the placement violates a district affirmative action program. The school board
5.22must publish in a readily accessible format any discharge and demotion plan it develops
5.23to implement clause (5) of this paragraph.
5.24For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
5.25discriminatory practice described in section
5.26(b) A probationary or continuing-contract teacher must be discharged immediately
5.27upon receipt of notice under section
5.28teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
5.29EFFECTIVE DATE.This section is effective the day following final enactment.
5.30 Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
5.31 Subd. 14. Services terminated by discontinuance or lack of pupils; preference
5.32given. (a) Consistent with paragraph (c), a teacher whose services are terminated on
5.33account of discontinuance of position or lack of pupils must receive first consideration for
5.34other positions in the district for which that teacher is qualified. In the event it becomes
5.35necessary to discontinue one or more positions, in making such discontinuance, teachers
6.1must be discontinued in any department in the inverse order in which they were employed,
6.2unless a board and the exclusive representative of teachers in the district negotiate a
6.3plan providing otherwise.
6.4(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
6.5any seniority when that exercise results in that teacher being retained by the district in
6.6a field for which the teacher holds only a provisional license, as defined by the Board
6.7of Teaching, unless that exercise of seniority results in the termination of services, on
6.8account of discontinuance of position or lack of pupils, of another teacher who also
6.9holds a provisional license in the same field. The provisions of this clause do not apply
6.10to vocational education licenses.
6.11(c) For purposes of placing a teacher on unrequested leave of absence or recalling
6.12a teacher from unrequested leave of absence, nothing in this subdivision shall require
6.13a school board to reassign a teacher with more seniority to a different subject matter
6.14category or to a substantially different grade level assignment in order to accommodate
6.15the seniority claims of a teacher with less seniority. "A substantially different grade level
6.16assignment" means an assignment between kindergarten, grades 1 through 6, junior high
6.17school, and senior high school.
6.18(d) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
6.19to a position in a field in which the teacher holds only a provisional license, other than a
6.20vocational education license, while another teacher who holds a nonprovisional license in
6.21the same field is available for reinstatement.
6.22EFFECTIVE DATE.This section is effective the day following final enactment.
