1.1.................... moves to amend H.F. No. 575 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to
1.4read:
1.5    Subd. 5. Probationary period. (a) The first three consecutive years of a
1.6teacher's first teaching experience in Minnesota in a single district is deemed to be a
1.7probationary period of employment, and after completion thereof, the probationary period
1.8in each district in which the teacher is thereafter employed also shall be one year three
1.9consecutive years of teaching experience except that for purposes of this provision,
1.10the probationary period for principals and assistant principals shall be two consecutive
1.11years. The school board must adopt a plan for written evaluation of teachers during the
1.12probationary period. Evaluation must occur at least three times each school year for a
1.13teacher performing services on 120 or more school days, at least two times each year for a
1.14teacher performing services on 60 to 119 school days, and at least one time each year for a
1.15teacher performing services on fewer than 60 school days during that school year. Days
1.16devoted to parent-teacher conferences, teachers' workshops, and other staff development
1.17opportunities and days on which a teacher is absent from school must not be included in
1.18determining the number of school days on which a teacher performs services. Except as
1.19otherwise provided in paragraph (b), during the probationary period any annual contract
1.20with any teacher may or may not be renewed as the school board shall see fit. However,
1.21the board must give any such teacher whose contract it declines to renew for the following
1.22school year written notice to that effect before July June 1. If the teacher requests reasons
1.23for any nonrenewal of a teaching contract, the board must give the teacher its reason in
1.24writing, including a statement that appropriate supervision was furnished describing the
1.25nature and the extent of such supervision furnished the teacher during the employment
1.26by the board, within ten days after receiving such request. The school board may, after
2.1a hearing held upon due notice, discharge a teacher during the probationary period for
2.2cause, effective immediately, under section 122A.44.
2.3(b) A board must discharge a probationary teacher, effective immediately, upon
2.4receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
2.5license has been revoked due to a conviction for child abuse or sexual abuse.
2.6(c) A probationary teacher whose first three years of consecutive employment in
2.7a district are interrupted for active military service and who promptly resumes teaching
2.8consistent with federal reemployment timelines for uniformed service personnel under
2.9United States Code, title 38, section 4312(e), is considered to have a consecutive teaching
2.10experience for purposes of paragraph (a).
2.11(d) A probationary teacher must complete at least 60 120 days of teaching service
2.12each year during the probationary period. Days devoted to parent-teacher conferences,
2.13teachers' workshops, and other staff development opportunities and days on which a
2.14teacher is absent from school do not count as days of teaching service under this paragraph.
2.15EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
2.16probationary teacher employment contracts ratified or modified after that date.

2.17    Sec. 2. Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision
2.18to read:
2.19    Subd. 8a. Probationary period for principals hired internally. A two-school year
2.20probationary period is required for a licensed teacher employed by the board who is
2.21subsequently employed by the board as a licensed school principal or assistant principal
2.22and an additional probationary period of two years is required for a licensed assistant
2.23principal employed by the board who is subsequently employed by the board as a licensed
2.24principal. A licensed teacher subsequently employed by the board as a licensed school
2.25principal or assistant principal retains the teacher's continuing contract status as a licensed
2.26teacher during the probationary period under this subdivision and has the right to return
2.27to his or her previous position or an equivalent position, if available, if the teacher is
2.28not promoted.
2.29EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
2.30contracts for internally hired licensed school principals and assistant principals ratified or
2.31modified after that date.

2.32    Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
3.1    Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
3.2leave of absence, without pay or fringe benefits, as many teachers as may be necessary
3.3because of discontinuance of position, lack of pupils, financial limitations, or merger of
3.4classes caused by consolidation of districts. The unrequested leave is effective at the
3.5close of the school year. In placing teachers on unrequested leave, the superintendent
3.6may exempt from the effects of paragraphs (b) to (g) those teachers who teach in a
3.7Montessori school or at a language immersion site, provide instruction in an advanced
3.8placement course or program, or hold a K-12 instrumental vocal classroom music license
3.9and currently serve as a choir, band or orchestra director and who, in the superintendent's
3.10judgment, provide essential leadership in delivering instruction. The board is governed by
3.11the following provisions: of paragraphs (b) to (g), consistent with this paragraph.
3.12(a) (b) The board may place probationary teachers on unrequested leave first in
3.13the inverse order of their employment. A teacher who has acquired continuing contract
3.14rights must not be placed on unrequested leave of absence while probationary teachers
3.15are retained in positions for which the teacher who has acquired continuing contract
3.16rights is licensed;.
3.17(b) (c) Teachers who have acquired continuing contract rights shall be placed on
3.18unrequested leave of absence in fields in which they are licensed in the inverse order
3.19in which they were employed by the school district. In the case of equal seniority, the
3.20order in which teachers who have acquired continuing contract rights shall be placed on
3.21unrequested leave of absence in fields in which they are licensed is negotiable;.
3.22(c) (d) Notwithstanding the provisions of clause (b) paragraph (c), a teacher is not
3.23entitled to exercise any seniority when that exercise results in that teacher being retained
3.24by the district in a field for which the teacher holds only a provisional license, as defined
3.25by the board of teaching, unless that exercise of seniority results in the placement on
3.26unrequested leave of absence of another teacher who also holds a provisional license in the
3.27same field. The provisions of this clause do not apply to vocational education licenses;.
3.28(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the
3.29placing of a probationary teacher on unrequested leave before a teacher who has acquired
3.30continuing rights, the placing of a teacher who has acquired continuing contract rights
3.31on unrequested leave before another teacher who has acquired continuing contract rights
3.32but who has greater seniority, or the restriction imposed by the provisions of clause (c)
3.33paragraph (d) would place the district in violation of its affirmative action program,
3.34the district may retain the probationary teacher, the teacher with less seniority, or the
3.35provisionally licensed teacher;.
4.1(e) (f) Teachers placed on unrequested leave of absence must be reinstated to
4.2the positions from which they have been given leaves of absence or, if not available,
4.3to other available positions in the school district in fields in which they are licensed.
4.4Reinstatement must be in the inverse order of placement on leave of absence. A teacher
4.5must not be reinstated to a position in a field in which the teacher holds only a provisional
4.6license, other than a vocational education license, while another teacher who holds a
4.7nonprovisional license in the same field remains on unrequested leave. The order of
4.8reinstatement of teachers who have equal seniority and who are placed on unrequested
4.9leave in the same school year is negotiable;.
4.10(f) (g) Appointment of a new teacher must not be made while there is available, on
4.11unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
4.12teacher fails to advise the school board within 30 days of the date of notification that a
4.13position is available to that teacher who may return to employment and assume the duties
4.14of the position to which appointed on a future date determined by the board;.
4.15(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
4.16or any other occupation during the period of this leave;.
4.17(h) (i) The unrequested leave of absence must not impair the continuing contract
4.18rights of a teacher or result in a loss of credit for previous years of service;.
4.19(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested
4.20leave of absence and who is not reinstated shall continue for a period of five years, after
4.21which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
4.22also terminate if the teacher fails to file with the board by April 1 of any year a written
4.23statement requesting reinstatement;.
4.24(j) (k) The same provisions applicable to terminations of probationary or continuing
4.25contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
4.26absence;.
4.27(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers
4.28placed on unrequested leave of absence to receive unemployment benefits if otherwise
4.29eligible.
4.30EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
4.31collective bargaining agreements ratified or modified after that date.

4.32    Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
4.33    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
4.34indicates that a different meaning is intended, the following words, terms, and phrases, for
4.35the purposes of the following subdivisions in this section shall be defined as follows:
5.1(a) Teachers. The term "teacher" includes every person regularly employed, as a
5.2principal, or to give instruction in a classroom, or to superintend or supervise classroom
5.3instruction, or as placement teacher and visiting teacher. Persons regularly employed as
5.4counselors and school librarians shall be covered by these sections as teachers if licensed
5.5as teachers or as school librarians.
5.6(b) School board. The term "school board" includes a majority in membership
5.7of any and all boards or official bodies having the care, management, or control over
5.8public schools.
5.9(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower
5.10branch of the service or to a position carrying a lower salary or the compensation a person
5.11actually receives in the new position.
5.12(d) Nonprovisional license. For purposes of this section, "nonprovisional license"
5.13shall mean an entrance, continuing, or life license.
5.14EFFECTIVE DATE.This section is effective the day following final enactment.

5.15    Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
5.16    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
5.17the public schools in cities of the first class during the first three years of consecutive
5.18employment shall be deemed to be in a probationary period of employment during which
5.19period any annual contract with any teacher may, or may not, be renewed as the school
5.20board, after consulting with the peer review committee charged with evaluating the
5.21probationary teachers under subdivision 3, shall see fit. The school site management team
5.22or the school board if there is no school site management team, shall adopt a plan for a
5.23written evaluation of teachers during the probationary period according to subdivision
5.243. Evaluation by the peer review committee charged with evaluating probationary
5.25teachers under subdivision 3 shall occur at least three times each school year for a teacher
5.26performing services on 120 or more school days, at least two times each year for a teacher
5.27performing services on 60 to 119 school days, and at least one time each year for a
5.28teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
5.29conferences, teachers' workshops, and other staff development opportunities and days on
5.30which a teacher is absent from school shall not be included in determining the number of
5.31school days on which a teacher performs services. The school board may, during such
5.32probationary period, discharge or demote a teacher for any of the causes as specified in
5.33this code. A written statement of the cause of such discharge or demotion shall be given to
5.34the teacher by the school board at least 30 days before such removal or demotion shall
5.35become effective, and the teacher so notified shall have no right of appeal therefrom.
6.1(b) A probationary teacher whose first three years of consecutive employment are
6.2interrupted for active military service and who promptly resumes teaching consistent with
6.3federal reemployment timelines for uniformed service personnel under United States
6.4Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
6.5for purposes of paragraph (a).
6.6(c) A probationary teacher must complete at least 60 120 days of teaching service
6.7each year during the probationary period. Days devoted to parent-teacher conferences,
6.8teachers' workshops, and other staff development opportunities and days on which a
6.9teacher is absent from school do not count as days of teaching service under this paragraph.
6.10EFFECTIVE DATE.This section is effective the day following final enactment.

6.11    Sec. 6. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
6.12    Subd. 5a. Probationary period for principals hired internally. A board and
6.13the exclusive representative of the school principals in the district may negotiate a plan
6.14for a A two-school year probationary period of up to two school years is required for
6.15licensed teachers employed by the board who are subsequently employed by the board as
6.16a licensed school principal or assistant principal and an additional probationary period of
6.17up to two years is required for licensed assistant principals employed by the board who are
6.18subsequently employed by the board as a licensed school principal. A licensed teacher
6.19subsequently employed by the board as a licensed school principal or assistant principal
6.20retains his or her continuing contract status as a licensed teacher during the probationary
6.21period under this subdivision and has the right to return to his or her previous position or
6.22an equivalent position, if available, if the teacher is not promoted.
6.23EFFECTIVE DATE.This section is effective the day following final enactment.

6.24    Sec. 7. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
6.25    Subd. 10. Decision, when rendered. The hearing must be concluded and a decision
6.26in writing, stating the grounds on which it is based, rendered within 25 days after giving of
6.27such notice. Where the hearing is before a school board the teacher may be discharged
6.28or demoted upon the affirmative vote of a majority of the members of the board. If the
6.29charges, or any of such, are found to be true, the board conducting the hearing must
6.30discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
6.31A teacher must not be discharged for either of the causes specified in subdivision 6, clause
6.32(3), except during the school year, and then only upon charges filed at least four months
6.33before the close of the school sessions of such school year by April 1.
7.1EFFECTIVE DATE.This section is effective the day following final enactment.

7.2    Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
7.3    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
7.4given. (a) A teacher whose services are terminated on account of discontinuance of
7.5position or lack of pupils must receive first consideration for other positions in the district
7.6for which that teacher is qualified. Except for teachers who teach in a Montessori school
7.7or at a language immersion site or provide instruction in an advanced placement course
7.8or program and who, in the superintendent's judgment, provide essential leadership in
7.9delivering curriculum, in the event it becomes necessary to discontinue one or more
7.10positions, in making such discontinuance, teachers must receive first consideration for
7.11other positions in the district for which that teacher is qualified and must be discontinued
7.12in any department in the inverse order in which they were employed, unless a board and
7.13the exclusive representative of teachers in the district negotiate a plan providing otherwise.
7.14(b) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
7.15any seniority when that exercise results in that teacher being retained by the district in
7.16a field for which the teacher holds only a provisional license, as defined by the Board
7.17of Teaching, unless that exercise of seniority results in the termination of services, on
7.18account of discontinuance of position or lack of pupils, of another teacher who also
7.19holds a provisional license in the same field. The provisions of this clause do not apply
7.20to vocational education licenses.
7.21(c) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
7.22to a position in a field in which the teacher holds only a provisional license, other than a
7.23vocational education license, while another teacher who holds a nonprovisional license in
7.24the same field is available for reinstatement."
7.25Amend the title accordingly