1.1.................... moves to amend H.F. No. 1870, the delete everything amendment
1.2(H1870DE4), as follows:
1.3Delete page 1, line 3, to page 8, line 9, and insert:

1.4    "Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to
1.5read:
1.6    Subd. 10. Negotiated unrequested leave of absence. The school board and
1.7the exclusive bargaining representative of the teachers may must negotiate a plan
1.8providing for unrequested leave of absence without pay or fringe benefits for as many
1.9teachers as may be necessary because of discontinuance of position, lack of pupils,
1.10financial limitations, or merger of classes caused by consolidation of districts. Failing to
1.11successfully negotiate such a plan, the provisions of subdivision 11 shall apply. The
1.12negotiated plan must not include provisions which would result in the exercise of seniority
1.13by a teacher holding a provisional license, other than a vocational education license,
1.14contrary to the provisions of subdivision 11, clause (c), or the reinstatement of a teacher
1.15holding a provisional license, other than a vocational education license, contrary to the
1.16provisions of subdivision 11, clause (e). The provisions of section 179A.16 do not apply
1.17for the purposes of this subdivision.
1.18EFFECTIVE DATE.This section is effective beginning in the 2017-2018 school
1.19year and later.

1.20    Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
1.21    Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
1.22leave of absence, without pay or fringe benefits, as many teachers as may be necessary
1.23because of discontinuance of position, lack of pupils, financial limitations, or merger of
1.24classes caused by consolidation of districts. The unrequested leave is effective at the close
1.25of the school year. In placing teachers on unrequested leave, the board may exempt from
1.26the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or a language
2.1immersion program, provide instruction in an advanced placement course, or hold a
2.2kindergarten through grade 12 instrumental vocal classroom music license and currently
2.3serve as a choir, band or orchestra director and who, in the superintendent's judgment,
2.4meet a unique need in delivering curriculum. However, within the Montessori or language
2.5immersion program, a teacher must be placed on unrequested leave of absence consistent
2.6with paragraphs (b) to (g). the board is governed by the following provisions:
2.7(a) (b) The board may place probationary teachers on unrequested leave first in
2.8the inverse order of their employment. A teacher who has acquired continuing contract
2.9rights must not be placed on unrequested leave of absence while probationary teachers
2.10are retained in positions for which the teacher who has acquired continuing contract
2.11rights is licensed;.
2.12(b) (c) Teachers who have acquired continuing contract rights shall be placed on
2.13unrequested leave of absence in fields in which they are licensed in the inverse order
2.14in which they were employed by the school district. In the case of equal seniority, the
2.15order in which teachers who have acquired continuing contract rights shall be placed on
2.16unrequested leave of absence in fields in which they are licensed is negotiable;.
2.17(c) (d) Notwithstanding the provisions of clause (b) paragraph (c), a teacher is not
2.18entitled to exercise any seniority when that exercise results in that teacher being retained
2.19by the district in a field for which the teacher holds only a provisional license, as defined
2.20by the board of teaching, unless that exercise of seniority results in the placement on
2.21unrequested leave of absence of another teacher who also holds a provisional license in the
2.22same field. The provisions of this clause do not apply to vocational education licenses;.
2.23(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the
2.24placing of a probationary teacher on unrequested leave before a teacher who has acquired
2.25continuing rights, the placing of a teacher who has acquired continuing contract rights
2.26on unrequested leave before another teacher who has acquired continuing contract rights
2.27but who has greater seniority, or the restriction imposed by the provisions of clause (c)
2.28paragraph (d) would place the district in violation of its affirmative action program,
2.29the district may retain the probationary teacher, the teacher with less seniority, or the
2.30provisionally licensed teacher;.
2.31(e) (f) Teachers placed on unrequested leave of absence must be reinstated to
2.32the positions from which they have been given leaves of absence or, if not available,
2.33to other available positions in the school district in fields in which they are licensed.
2.34Reinstatement must be in the inverse order of placement on leave of absence. A teacher
2.35must not be reinstated to a position in a field in which the teacher holds only a provisional
2.36license, other than a vocational education license, while another teacher who holds a
3.1nonprovisional license in the same field remains on unrequested leave. The order of
3.2reinstatement of teachers who have equal seniority and who are placed on unrequested
3.3leave in the same school year is negotiable;.
3.4(f) (g) Appointment of a new teacher must not be made while there is available, on
3.5unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
3.6teacher fails to advise the school board within 30 days of the date of notification that a
3.7position is available to that teacher who may return to employment and assume the duties
3.8of the position to which appointed on a future date determined by the board;.
3.9(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
3.10or any other occupation during the period of this leave;.
3.11(h) (i) The unrequested leave of absence must not impair the continuing contract
3.12rights of a teacher or result in a loss of credit for previous years of service;.
3.13(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested
3.14leave of absence and who is not reinstated shall continue for a period of five years, after
3.15which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
3.16also terminate if the teacher fails to file with the board by April 1 of any year a written
3.17statement requesting reinstatement;.
3.18(j) (k) The same provisions applicable to terminations of probationary or continuing
3.19contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
3.20absence;.
3.21(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers
3.22placed on unrequested leave of absence to receive unemployment benefits if otherwise
3.23eligible.
3.24EFFECTIVE DATE.This section is effective for the 2012-2013 through 2016-2017
3.25school years.

3.26    Sec. 3. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
3.27    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
3.28given. (a) A teacher whose services are terminated on account of discontinuance of
3.29position or lack of pupils must receive first consideration for other positions in the district
3.30for which that teacher is qualified. In the event it becomes necessary to discontinue one
3.31or more positions in the 2012-2013 through 2016-2017 school years, in making such
3.32discontinuance, teachers must receive first consideration for other positions in the district
3.33for which that teacher is qualified and must be discontinued in any department in the
3.34inverse order in which they were employed, unless.
4.1(b) Beginning in the 2017-2018 school year and later, a board and the exclusive
4.2representative of teachers in the district must negotiate a plan providing otherwise for
4.3discontinuing and terminating teachers under this subdivision.
4.4(b) (c) For the 2012-2013 through 2016-2017 school years, the board may exempt
4.5from the effects of paragraph (a) those teachers who teach in a Montessori or a language
4.6immersion program or provide instruction in an advanced placement course and who, in
4.7the superintendent's judgment, meet a unique need in delivering curriculum. However,
4.8within the Montessori or language immersion program, a teacher shall be discontinued
4.9based on the inverse order in which the teacher was employed.
4.10(d) Notwithstanding the provisions of clause paragraph (a), for the 2012-2013
4.11through 2016-2017 school years, a teacher is not entitled to exercise any seniority
4.12when that exercise results in that teacher being retained by the district in a field for
4.13which the teacher holds only a provisional license, as defined by the Board of Teaching,
4.14unless that exercise of seniority results in the termination of terminating the services,
4.15on account of discontinuance of position or lack of pupils, of another teacher who also
4.16holds a provisional license in the same field. The provisions of this clause do not apply
4.17to vocational education licenses.
4.18(c) (e) Notwithstanding the provisions of clause paragraph (a), for the 2012-2013
4.19through 2016-2017 school years, a teacher must not be reinstated to a position in a field
4.20in which the teacher holds only a provisional license, other than a vocational education
4.21license, while another teacher who holds a nonprovisional license in the same field is
4.22available for reinstatement.
4.23EFFECTIVE DATE.This section is effective July 1, 2012.

4.24    Sec. 4. Minnesota Statutes 2010, section 179A.20, is amended by adding a subdivision
4.25to read:
4.26    Subd. 4a. Unrequested leave of absence for teachers. A school board and the
4.27exclusive representative of the teachers may not execute a contract unless the contract
4.28contains a plan for unrequested leave of absence under section 122A.40, subdivision 10,
4.29or a plan for discontinuing or terminating teachers under section 122A.41, subdivision 14.
4.30EFFECTIVE DATE.This section is effective beginning in the 2017-2018 school
4.31year and later.

4.32    Sec. 5. REPEALER.
5.1Minnesota Statutes 2010, section 122A.40, subdivision 11, is repealed effective
5.2for the 2017-2018 school year and later."
5.3Amend the title accordingly