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H.F. No. 1870 - Using a Teacher's Subject Matter Licensure, Evaluation Outcomes and Seniority to Make Unrequested Leave of Absence, Discharge, and Demotion Decisions (Unofficial Committee Engrossment)
 
Author: Senator Pam Wolf
 
Prepared By: Ann Marie Lewis, Senate Counsel (651/296-5301)
 
Date: February 24, 2012



 

Section 1. Requirements.  Excludes a limited-term license that is issued by the Board of Teaching to persons enrolled in an alternative teacher preparation program from the definition of “provisional license.”

Effective Date. This section is effective the day following final enactment.

 Section 2.  Negotiated Unrequested Leave of Absence.  (a) Allows a school board and the exclusive representative of the teachers to negotiate a plan to base unrequested leave of absence decisions on teachers’ subject matter licensure fields, evaluation incomes and seniority within the effectiveness measures. 

(b)  The statutory unrequested leave of absences provisions apply if a plan is not negotiated under paragraph (a), unless a majority of the school board members decide to place teacher on unrequested leave of absence based on teacher’s subject matter licensure fields, evaluation outcomes and seniority within each effectiveness category.  Requires the school board to publish its plan and excludes those school districts from the application of subdivision 11, paragraphs (a) through (m).

(c) States that for the purpose of placing a teacher on unrequested leave of absence or recalling a teacher from unrequested leave of absence, a school board is not required to reassign a teacher with more seniority to a different subject matter or a substantially different grade level assignment to accommodate seniority claims of a less senior teacher.

(d) Prohibits a school board from using a teacher's remuneration as the basis for making unrequested leave of absence or discharge decisions.

Effective Date.  Makes the section effective immediately and is applicable to negotiated plans agreed to after that date. 

Section 3.  Unrequested Leave of Absence.   

(e) States that the statutory unrequested leave of absence provisions do not require a school board to reassign a teacher with more seniority to a different subject matter or a substantially different grade level assignment to accommodate seniority claims of a less senior teacher.

(j)  Gives an effective teacher a five-year right to reinstatement. 

(k)  Limits an ineffective teacher’s right of reinstatement to the following school year.  The teacher’s right of reinstatement is terminated if they fail to file a written request for reinstatement by April 1 in that following school year.

(n)  Beginning in the 2016-2017 school year, directs a school board to place teacher, on unrequested leave of absence based on teacher’s subject matter licensure fields, evaluation outcomes and seniority, including a probationary teacher, within each effectiveness category.  States that the school board is not required to reassign a teacher with more seniority to a different subject matter or a substantially different grade level assignment to accommodate seniority claims of a less senior teacher. 

Section 4.  Grounds for Discharge or Demotion. (a) allows a school board and the exclusive representative of the teachers in to negotiate a plan to discharge or demote a teacher based on their subject matter licensure fields, evaluation outcomes and seniority within each effectiveness category.  Permits a school board to formally decide to develop and implement such a plan.  Beginning in the 2016-2017 school year and later, requires the school board to discharge or demote a teacher, based on their subject matter licensure fields, evaluation outcomes and seniority, including a probationary teacher, within each effectiveness category.  Directs the school board to publish the plan it implements under this subdivision.

Effective Date.  Makes this section effective immediately for plans negotiated and agreed to after that date.

Section 5.  Services Terminated by Discontinuance or Lack of Pupils; Preference Given. (c)  States that for the purpose of discharging, demoting or recalling a teacher whose services are terminated under this section, a school board is not required to reassign a teacher with more seniority to a different subject matter or a substantially different grade level assignment to accommodate seniority claims of a less senior teacher.

(e) Includes a teacher who holds a variance or waiver to teach a subject in the definition of a teacher who holds a “provisional license.”  

Effective Date.  Makes this section effective immediately.

Section 6.  Teacher Assignment.  (c) Requires teacher assignments in consolidated districts to be consistent with the provisions on unrequested leave of absence and teacher effectiveness that govern teachers generally.

Effective Date.  Makes this section effective immediately.

 

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