1.1 	A bill for an act
1.2 	relating to education; making decisions affecting teachers' unrequested leaves of 
1.3 	absence and teaching assignments;amending Minnesota Statutes 2012, sections 
1.4 	122A.40, subdivision 10; 122A.41, subdivision 14; repealing Minnesota Statutes 
1.5 	2012, section 122A.40, subdivision 11.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2012, section 122A.40, subdivision 10, is amended to 
1.8 	read:
1.9 		Subd. 10.Negotiated unrequested leave of absence. (a) The school board and 
1.10 	the exclusive bargaining representative of the teachers may negotiate a plan providing for 
1.11 	unrequested leave of absence without pay or fringe benefits for as many teachers as may 
1.12 	be necessary because of discontinuance of position, lack of pupils, financial limitations, or 
1.13 	merger of classes caused by consolidation of districts. ~~Failing to successfully negotiate such~~ 
1.14 	~~a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not include~~ 
1.15 	~~provisions which would result in the exercise of seniority by a teacher holding a provisional~~ 
1.16 	~~license, other than a vocational education license, contrary to the provisions of subdivision~~ 
1.17 	~~11, paragraph (c), or the reinstatement of a teacher holding a provisional license, other~~ 
1.18 	~~than a vocational education license, contrary to the provisions of subdivision 11, paragraph~~ 
1.19 	~~(e).~~ The provisions of section 179A.16 do not apply for the purposes of this subdivision.
1.20 	(b) For purposes of placing a teacher on unrequested leave of absence or recalling 
1.21 	a teacher from unrequested leave of absence, a school board is not required to reassign 
1.22 	a teacher with more seniority to accommodate the seniority claims of a teacher who is 
1.23 	similarly licensed and effective but with less seniority.
1.24 	(c) Notwithstanding other law to the contrary, if a school board and the exclusive 
1.25 	representative of the teachers do not agree to a plan providing for unrequested leaves of 
2.1 	absence under paragraph (a), the school board must base decisions affecting teachers' 
2.2 	unrequested leaves of absence and teaching assignments on teacher evaluation outcomes 
2.3 	under subdivision 8.

2.4 	EFFECTIVE DATE. This section is effective beginning in the 2016-2017 school 
2.5 	year and later.

2.6 	Sec. 2. Minnesota Statutes 2012, section 122A.41, subdivision 14, is amended to read:
2.7 		Subd. 14.Services terminated by discontinuance or lack of pupils; preference 
2.8 	given. (a) A teacher whose services are terminated on account of discontinuance of 
2.9 	position or lack of pupils must receive first consideration for other positions in the district 
2.10 	for which that teacher is qualified. In the event it becomes necessary to discontinue 
2.11 	one or more positions, in making such discontinuance, teachers must be discontinued 
2.12 	in any department in the inverse order in which they were employed, unless a board 
2.13 	and the exclusive representative of teachers in the district negotiate a plan providing 
2.14 	otherwise. For purposes of discharging, demoting, or recalling a teacher whose services 
2.15 	are discontinued or terminated under this subdivision, a school board is not required to 
2.16 	reassign a teacher with more seniority to accommodate the seniority claims of a teacher 
2.17 	who is similarly licensed and effective but with less seniority.
2.18 	(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise 
2.19 	any seniority when that exercise results in that teacher being retained by the district in 
2.20 	a field for which the teacher holds only a provisional license, as defined by the Board 
2.21 	of Teaching, unless that exercise of seniority results in the termination of services, on 
2.22 	account of discontinuance of position or lack of pupils, of another teacher who also 
2.23 	holds a provisional license in the same field. The provisions of this clause do not apply 
2.24 	to vocational education licenses.
2.25 	(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated 
2.26 	to a position in a field in which the teacher holds only a provisional license, other than a 
2.27 	vocational education license, while another teacher who holds a nonprovisional license in 
2.28 	the same field is available for reinstatement.
2.29 	(d) Notwithstanding other provisions of this subdivision, a school board may base 
2.30 	decisions affecting teachers' unrequested leaves of absence and teaching assignments on 
2.31 	teacher evaluation outcomes under subdivision 5.

2.32 	EFFECTIVE DATE. This section is effective beginning in the 2016-2017 school 
2.33 	year and later.

3.1 	Sec. 3.  REPEALER.
 3.2 	Minnesota Statutes 2012, section 122A.40, subdivision 11, is repealed.

3.3 	EFFECTIVE DATE. This section is effective for the 2016-2017 school year and 
3.4 	later.