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S.F. No. 97 - Teacher Seniority Provisions Modification (with SCS0097A-2 amendment)
 
Author: Senator Terri E. Bonoff
 
Prepared By: Ann Marie Lewis, Senate Counsel (651/296-5301)
 
Date: March 9, 2015



 

Section 1.  Requirements.  Clarifies that a limited-term license issued to a person enrolled in an alternative teacher preparation program is not a provisional license.

Section 2.  Probationary Period.  Requires a school district’s plan to renew or not renew probationary teachers to be made concurrent with the placement of teachers on unrequested leave of absence.

Effective Date. Makes the section effective immediately.

Section 3.  Negotiated Unrequested Leave of Absence. (a) Requires a school board and the teachers’ bargaining unit to negotiate a plan for unrequested leave of absence.

(b)  Requires a school board beginning in the 2017-2018 school year and later, to place teachers on unrequested leave of absence or notice of termination based on their subject matter licensure field, most recent evaluation outcomes, and effectiveness category.  The plan must include both probationary teachers and continuing contract teachers within an effectiveness category.  Classifies the data under the teacher evaluation process used to determine a teacher’s effectiveness category as private data on individuals.  Prohibits a school board from using a teacher’s remuneration as a basis for making unrequested leave of absence decisions. Requires publication of the negotiated plan.

(c) Defines a provisional license as a license to teach issued by the Board of Teaching under a waiver or variance.

Effective Date.  Makes the section effective immediately and applicable to negotiated plans for unrequested leave of absence agreed to on or after that date.

Section 4.  Unrequested Leave of Absence.  Allows the school board plan for unrequested leave of absence to be governed by this subdivision only for the 2014-2015 through 2016-2017 school years.  A school board is not required to reassign a teacher to accommodate seniority claims of a similarly licensed and effective teacher with less seniority.  A teacher who is categorized as effective or better, who is placed on unrequested leave of absence maintains a right of reinstatement for a period of five years, if appropriate written statements are filed with the school board.  A teacher who is categorized as ineffective or less, who is placed on unrequested leave of absence only has a right of reinstatement for the following school year.

Effective Date.  Makes the section effective immediately.

Section 5.  Probationary Period; Discharge or Demotion. For school districts located in cities of the first class, requires the school board’s plan to renew or not renew probationary teachers to be made concurrent with the placement of teachers on unrequested leave of absence.

Effective Date.  Makes the section effective immediately.

Section 6.  Services Terminated by Discontinuance or Lack of Pupils; Preference Given. (a) For the 2014-2015 through 2016-2017 school years, permits a board to discontinue teachers in the inverse order in which they were employed.

(b) Beginning in the 2017-2018 and later, the board of a district located in a city of the first class and the exclusive representative of the teachers are required to negotiate a plan for discontinuance, termination, and nonrenewal of teachers based on their subject matter licensure and most recent evaluation outcomes and effectiveness category.  The plan must include both probationary and continuing contract teachers within an effectiveness category.  Classifies the data under the teacher evaluation process used to determine a teacher’s effectiveness category as private data on individuals.  Prohibits a school board from using a teacher’s remuneration as a basis for making unrequested leave of absence decisions.  Requires publication of the negotiated plan.

Effective Date.  Makes the section effective immediately and applicable to negotiated plans for discontinuing or terminating teachers agreed to on or after that date.

Section 7.  Teacher Assignment. Provides for the assignment of teachers when there’s a consolidation or dissolution and attachment of a district.  The teachers must be assigned to the newly created or enlarged district based on effectiveness and seniority within each category of effectiveness. 

Effective Date.  Makes the section effective immediately.

Section 8.  Unrequested Leave of Absence for Teachers.  Beginning in 2017-2018 contract year, prohibits a school board and the exclusive representative of the teachers from entering into a contract unless it contains a plan for unrequested leave of absence or discontinuing or terminating teachers consistent with section 3 or 6.

Effective Date.  Makes the section effective immediately.

AMB/syl

 
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