1.1.................... moves to amend H.F. No. 1870 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2011 Supplement, section 122A.245, subdivision 1,
1.4is amended to read:
1.5    Subdivision 1. Requirements. (a) To improve academic excellence, improve ethnic
1.6and cultural diversity in the classroom, and close the academic achievement gap, the
1.7Board of Teaching must approve qualified teacher preparation programs under this section
1.8that are a means to acquire a two-year limited-term license, which the board may renew
1.9one time for an additional one-year term, and to prepare for acquiring a standard license.
1.10The following entities are eligible to participate under this section:
1.11(1) a school district or charter school that forms a partnership with a college or
1.12university that has a board-approved alternative teacher preparation program; or
1.13(2) a school district or charter school, after consulting with a college or university
1.14with a board-approved teacher preparation program, forms a partnership with a nonprofit
1.15corporation organized under chapter 317A for an education-related purpose that has a
1.16board-approved teacher preparation program.
1.17(b) Before participating in this program, a candidate must:
1.18(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
1.19board waives the grade point average requirement based on board-adopted criteria;
1.20(2) pass the reading, writing, and mathematics skills examination under section
1.21122A.09, subdivision 4 , paragraph (b); and
1.22(3) obtain qualifying scores on applicable board-approved rigorous content area and
1.23pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).
1.24(c) The Board of Teaching must issue a two-year limited-term license to a person
1.25who enrolls in an alternative teacher preparation program. This limited-term license is not
1.26a provisional license under section 122A.40 or section 122A.41.
2.1EFFECTIVE DATE.This section is effective the day following final enactment.

2.2    Sec. 2. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:
2.3    Subd. 10. Negotiated unrequested leave of absence. (a) The school board and
2.4the exclusive bargaining representative of the teachers may negotiate a plan providing for
2.5unrequested leave of absence without pay or fringe benefits for as many teachers as may
2.6be necessary because of discontinuance of position, lack of pupils, financial limitations, or
2.7merger of classes caused by consolidation of districts. Failing to successfully negotiate
2.8such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
2.9include provisions which would result in the exercise of seniority by a teacher holding a
2.10provisional license, other than a vocational education license if required for the position,
2.11contrary to the provisions of subdivision 11, clause paragraph (c), or the reinstatement of a
2.12teacher holding a provisional license, other than a vocational education license required
2.13for the position, contrary to the provisions of subdivision 11, clause (e) paragraph (f).
2.14The provisions of section 179A.16 do not apply for the purposes of this subdivision.
2.15Notwithstanding other law to the contrary, the school board and the exclusive bargaining
2.16representative of the teachers may negotiate a plan to base unrequested leave of absence
2.17decisions on teachers' subject matter licensure fields and evaluation outcomes, from the
2.18least to most effective category under subdivision 8 and from least to greatest seniority
2.19within each category, which if negotiated, must be consistent with subdivision 11,
2.20paragraph (n).
2.21(b) Notwithstanding other law to the contrary, if a school board fails to successfully
2.22negotiate a plan under paragraph (a), the provisions of subdivision 11 apply unless a
2.23majority of school board members formally decides to place teachers on unrequested
2.24leave of absence based on teachers' subject matter licensure fields and evaluation
2.25outcomes, from the least to most effective category under subdivision 8 and from least
2.26to greatest seniority within each effectiveness category; the decision must be consistent
2.27with subdivision 11, paragraph (n). In such a case the board must develop, publish,
2.28and implement an unrequested leave of absence plan based on teachers' subject matter
2.29licensure fields and evaluation outcomes, from the least to most effective category under
2.30subdivision 8 and from least to greatest seniority within each effectiveness category, and
2.31subdivision 11, paragraphs (a) through (m), do not apply.
2.32(c) For purposes of placing a teacher on unrequested leave of absence or recalling a
2.33teacher from unrequested leave of absence, nothing in this subdivision requires a school
2.34board to reassign a teacher with more seniority to a different subject matter licensure
2.35field or to a substantially different grade level assignment in order to accommodate the
3.1seniority claims of a teacher who is similarly licensed and effective but with less seniority.
3.2For purposes of this subdivision, a teacher holding a provisional license is a teacher who
3.3has received a waiver or variance to teach from the Minnesota Board of Teaching. "A
3.4substantially different grade level assignment" means an assignment between kindergarten,
3.5grades 1 through 6, junior high school, and senior high school.
3.6EFFECTIVE DATE.This section is effective the day following final enactment.

3.7    Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
3.8    Subd. 11. Unrequested leave of absence. The board may place on unrequested
3.9leave of absence, without pay or fringe benefits, as many teachers as may be necessary
3.10because of discontinuance of position, lack of pupils, financial limitations, or merger
3.11of classes caused by consolidation or reorganization of districts under chapter 123A.
3.12The unrequested leave is effective at the close of the school year. In placing teachers on
3.13unrequested leave, the board is governed by the following provisions:
3.14(a) The board may place probationary teachers on unrequested leave first in the
3.15inverse order of their employment. A teacher who has acquired continuing contract rights
3.16must not be placed on unrequested leave of absence while probationary teachers are
3.17retained in positions for which the teacher who has acquired continuing contract rights is
3.18licensed;
3.19(b) Teachers who have acquired continuing contract rights shall be placed on
3.20unrequested leave of absence in fields in which they are licensed in the inverse order
3.21in which they were employed by the school district. In the case of equal seniority, the
3.22order in which teachers who have acquired continuing contract rights shall be placed on
3.23unrequested leave of absence in fields in which they are licensed is negotiable;
3.24(c) Notwithstanding the provisions of clause paragraph (b), a teacher is not entitled
3.25to exercise any seniority when that exercise results in that teacher being retained by the
3.26district in a field for which the teacher holds only a provisional license, as defined by the
3.27board of teaching, unless that exercise of seniority results in the placement on unrequested
3.28leave of absence of another teacher who also holds a provisional license in the same field.
3.29The provisions of this clause paragraph do not apply to vocational education licenses
3.30required for available positions;
3.31(d) Notwithstanding clauses paragraphs (a), (b) and (c), if the placing of a
3.32probationary teacher on unrequested leave before a teacher who has acquired continuing
3.33rights, the placing of a teacher who has acquired continuing contract rights on unrequested
3.34leave before another teacher who has acquired continuing contract rights but who has
3.35greater seniority, or the restriction imposed by the provisions of clause paragraph (c) would
4.1place the district in violation of its affirmative action program, the district may retain the
4.2probationary teacher, the teacher with less seniority, or the provisionally licensed teacher;
4.3(e) For purposes of placing a teacher on unrequested leave of absence or recalling a
4.4teacher from unrequested leave of absence, nothing in this subdivision requires a school
4.5board to reassign a teacher with more seniority to a different subject matter licensure
4.6field or to a substantially different grade level assignment in order to accommodate
4.7the seniority claims of a teacher who is similarly licensed and effective but with less
4.8seniority. "A substantially different grade level assignment" means an assignment between
4.9kindergarten, grades 1 through 6, junior high school, and senior high school;
4.10(f) Teachers placed on unrequested leave of absence must be reinstated to the
4.11positions from which they have been given leaves of absence or, if not available, to other
4.12available positions in the school district in fields in which they are licensed. Reinstatement
4.13must be in the inverse order of placement on leave of absence. A teacher must not be
4.14reinstated to a position in a field in which the teacher holds only a provisional license,
4.15other than a vocational education license if required for the position, while another teacher
4.16who holds a nonprovisional license in the same field remains on unrequested leave.
4.17The order of reinstatement of teachers who have equal seniority and who are placed on
4.18unrequested leave in the same school year is negotiable;
4.19(f) (g) Appointment of a new teacher must not be made while there is available, on
4.20unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
4.21teacher fails to advise the school board within 30 days of the date of notification that a
4.22position is available to that teacher who may return to employment and assume the duties
4.23of the position to which appointed on a future date determined by the board;
4.24(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
4.25or any other occupation during the period of this leave;
4.26(h) (i) The unrequested leave of absence must not impair the continuing contract
4.27rights of a teacher or result in a loss of credit for previous years of service;
4.28(i) (j) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
4.29absence of a teacher who is categorized as effective or better under subdivision 8, who
4.30is placed on unrequested leave of absence, and who is not reinstated shall continue for a
4.31period of five years, after which the right to reinstatement shall terminate terminates. The
4.32teacher's right to reinstatement shall also terminate terminates if the teacher fails to file
4.33with the board by April 1 of any each year a written statement requesting reinstatement;
4.34(k) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
4.35absence of a teacher who is categorized as ineffective or less under subdivision 8, who
4.36is placed on unrequested leave of absence, and who is not reinstated continues for the
5.1following school year only, after which the teacher's right to reinstatement terminates. The
5.2teacher's right to reinstatement also terminates if the teacher fails to file with the board by
5.3April 1 in that following school year a written statement requesting reinstatement;
5.4(j) (l) The same provisions applicable to terminations of probationary or continuing
5.5contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;
5.6(k) (m) Nothing in this subdivision shall be construed to impair the rights of teachers
5.7placed on unrequested leave of absence to receive unemployment benefits if otherwise
5.8eligible.;
5.9(n) Beginning in the 2015-2016 school year and later, and notwithstanding any
5.10contradictory provisions in this subdivision, a school board must place teachers on
5.11unrequested leave of absence based on their subject matter licensure fields and most recent
5.12evaluation outcomes, from the least to most effective category under subdivision 8 and
5.13from least to greatest seniority within each effectiveness category. A school board is not
5.14required to reassign a teacher with more seniority to a different subject matter licensure
5.15field or to a substantially different grade level assignment in order to accommodate the
5.16seniority claims of a teacher who is similarly licensed and effective but with less seniority.
5.17A school board may decide not to renew a probationary teacher's contract or may place the
5.18probationary teacher on unrequested leave of absence, as it sees fit. The school board must
5.19publish in a readily accessible format the unrequested leave of absence plan it develops
5.20and implements under this paragraph.
5.21(o) For purposes of this subdivision, a teacher who holds only a provisional license
5.22is a teacher who has received a waiver or variance to teach from the Minnesota Board of
5.23Teaching.
5.24EFFECTIVE DATE.This section is effective the day following final enactment
5.25except that paragraph (n) is effective for the 2015-2016 school year and later.

5.26    Sec. 4. Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 6, is
5.27amended to read:
5.28    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
5.29in paragraph (b), causes for the discharge or demotion of a teacher either during or after
5.30the probationary period must be:
5.31(1) immoral character, conduct unbecoming a teacher, or insubordination;
5.32(2) failure without justifiable cause to teach without first securing the written release
5.33of the school board having the care, management, or control of the school in which the
5.34teacher is employed;
6.1(3) inefficiency in teaching or in the management of a school, consistent with
6.2subdivision 5, paragraph (b);
6.3(4) affliction with active tuberculosis or other communicable disease must be
6.4considered as cause for removal or suspension while the teacher is suffering from such
6.5disability; or
6.6(5) discontinuance of position or lack of pupils.
6.7Notwithstanding other law to the contrary, the school board and the exclusive
6.8representative of the teachers may negotiate an agreement to discharge or demote teachers
6.9under clause (5) based on their subject matter licensure fields and evaluation outcomes,
6.10from the least to most effective category under subdivision 5 and from least to greatest
6.11seniority within each effectiveness category. Alternatively, the majority of the school
6.12board members may formally decide to discharge or demote teachers under clause
6.13(5) based on their subject matter licensure fields and evaluation outcomes, from the
6.14least to most effective category under subdivision 5 and from least to greatest seniority
6.15within each effectiveness category; in this case the board must develop and implement
6.16a discharge and demotion plan based on teachers' subject matter licensure fields and
6.17evaluation outcomes, from the least to most effective category and from least to greatest
6.18seniority within each effectiveness category. Beginning in the 2015-2016 school year and
6.19later, and notwithstanding any contradictory provisions in this subdivision, the school
6.20board must discharge or demote teachers under clause (5) based on their subject matter
6.21licensure fields and most recent evaluation outcomes, from the least to most effective
6.22category under subdivision 5 and from least to greatest seniority within each effectiveness
6.23category. The school board must publish in a readily accessible format any discharge and
6.24demotion plan it develops to implement clause (5) of this paragraph.
6.25For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
6.26discriminatory practice described in section 363A.13.
6.27(b) A probationary or continuing-contract teacher must be discharged immediately
6.28upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
6.29teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
6.30EFFECTIVE DATE.This section is effective the day following final enactment.

6.31    Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
6.32    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
6.33given. (a) To the extent consistent with paragraph (c) and subdivision 6, paragraph (a),
6.34clause (5), a teacher whose services are terminated on account of discontinuance of
6.35position or lack of pupils must receive first consideration for other positions in the district
7.1for which that teacher is qualified. In the event If it becomes is necessary to discontinue
7.2one or more positions, in making such discontinuance, teachers must be discontinued in
7.3any department in the inverse order in which they were employed, unless a board and the
7.4exclusive representative of teachers in the district negotiate a plan providing otherwise.
7.5(b) Notwithstanding the provisions of clause paragraph (a), and to the extent
7.6consistent with paragraph (c) and subdivision 6, paragraph (a), a teacher is not entitled
7.7to exercise any seniority when that exercise results in that teacher being retained by the
7.8district in a field for which the teacher holds only a provisional license, as defined by the
7.9Board of Teaching, unless that exercise of seniority results in the termination of services,
7.10on account of discontinuance of position or lack of pupils, of another teacher who also
7.11holds a provisional license in the same field. The provisions of this clause do not apply
7.12to vocational education licenses.
7.13(c) For purposes of discharging, demoting, or recalling a teacher whose services are
7.14terminated under this subdivision, nothing in this subdivision requires a school board to
7.15reassign a teacher with more seniority to a different subject matter licensure field or to a
7.16substantially different grade level assignment in order to accommodate the seniority claims
7.17of a teacher who is similarly licensed and effective but with less seniority. "A substantially
7.18different grade level assignment" means an assignment between kindergarten, grades 1
7.19through 6, junior high school, and senior high school.
7.20(d) Notwithstanding the provisions of clause paragraph (a), and to the extent
7.21consistent with paragraph (c) and subdivision 6, paragraph (a), a teacher must not be
7.22reinstated to a position in a field in which the teacher holds only a provisional license,
7.23other than a vocational education license if required for the position, while another teacher
7.24who holds a nonprovisional license in the same field is available for reinstatement.
7.25(e) For purposes of this subdivision, a teacher who holds a provisional license is
7.26a teacher who has received a waiver or variance to teach from the Minnesota Board of
7.27Teaching.
7.28EFFECTIVE DATE.This section is effective the day following final enactment.

7.29    Sec. 6. Minnesota Statutes 2010, section 123A.75, subdivision 1, is amended to read:
7.30    Subdivision 1. Teacher assignment. (a) As of the effective date of a consolidation
7.31in which a district is divided or the dissolution of a district and its attachment to two or
7.32more existing districts, each teacher employed by an affected district shall be assigned to
7.33the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
7.34district according to the new district boundaries. The district receiving the greatest number
7.35of pupils must be assigned the teacher with the greatest seniority, and the remaining
8.1teachers must be alternately assigned to each district until the district receiving the fewest
8.2pupils has received its ratio of teachers who will not be retiring before the effective date of
8.3the consolidation or dissolution.
8.4(b) Notwithstanding paragraph (a), the board and the exclusive representative of
8.5teachers in each district involved in the consolidation or dissolution and attachment may
8.6negotiate a plan for assigning teachers to each newly created or enlarged district.
8.7(c) Notwithstanding other law to the contrary, the provisions of this section apply
8.8only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and 11.
8.9EFFECTIVE DATE.This section is effective the day following final enactment."
8.10Amend the title accordingly