1.1 	A bill for an act
1.2 	relating to education; modifying teacher tenure in
1.3 	cities of the first class; authorizing negotiation of
1.4 	a plan for teacher layoffs; amending Minnesota
1.5 	Statutes 2004, section 122A.41, subdivision 14.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 122A.41,
1.8 	subdivision 14, is amended to read:
1.9 		Subd. 14.Services terminated by discontinuance or lack
1.10 	of pupils; preference given.  (a) A teacher whose services are
1.11 	terminated on account of discontinuance of position or lack of
1.12 	pupils must receive first consideration for other positions in
1.13 	the district for which that teacher is qualified.  In the event
1.14 	it becomes necessary to discontinue one or more positions, in
1.15 	making such discontinuance, teachers must be discontinued in any
1.16 	department in the inverse order in which they were employed,
1.17 	unless a board and the exclusive representative of teachers in
1.18 	the district negotiate a plan providing otherwise.
1.19 	(b) Notwithstanding the provisions of clause (a), a teacher
1.20 	is not entitled to exercise any seniority when that exercise
1.21 	results in that teacher being retained by the district in a
1.22 	field for which the teacher holds only a provisional license, as
1.23 	defined by the Board of Teaching, unless that exercise of
1.24 	seniority results in the termination of services, on account of
1.25 	discontinuance of position or lack of pupils, of another teacher
2.1 	who also holds a provisional license in the same field.  The
2.2 	provisions of this clause do not apply to vocational education
2.3 	licenses.
2.4 	(c) Notwithstanding the provisions of clause (a), a teacher
2.5 	must not be reinstated to a position in a field in which the
2.6 	teacher holds only a provisional license, other than a
2.7 	vocational education license, while another teacher who holds a
2.8 	nonprovisional license in the same field is available for
2.9 	reinstatement.
2.10 	
EFFECTIVE DATE. This section is effective August 1, 2005.