1.1.................... moves to amend H.F. No. 2397, the delete everything amendment
1.2(H2397DE1), as follows:
1.3Page 73, after line 25, insert:
1.4 "Sec. 13. Minnesota Statutes 2012, section 122A.40, subdivision 5, is amended to read:
1.5 Subd. 5.
Probationary period. (a) The first three consecutive years of a teacher's
1.6first teaching experience in Minnesota in a single district is deemed to be a probationary
1.7period of employment, and, the probationary period in each district in which the teacher is
1.8thereafter employed shall be one year. The school board must adopt a plan for written
1.9evaluation of teachers during the probationary period that is consistent with subdivision 8.
1.10Evaluation must occur at least three times periodically throughout each school year for a
1.11teacher performing services during that school year; the first evaluation must occur within
1.12the first 90 days of teaching service. Days devoted to parent-teacher conferences, teachers'
1.13workshops, and other staff development opportunities and days on which a teacher is absent
1.14from school must not be included in determining the number of school days on which a
1.15teacher performs services. Except as otherwise provided in paragraph (b), during the
1.16probationary period any annual contract with any teacher may or may not be renewed as the
1.17school board shall see fit. However, the board must give any such teacher whose contract
1.18it declines to renew for the following school year written notice to that effect before July 1.
1.19If the teacher requests reasons for any nonrenewal of a teaching contract, the board must
1.20give the teacher its reason in writing, including a statement that appropriate supervision
1.21was furnished describing the nature and the extent of such supervision furnished the
1.22teacher during the employment by the board, within ten days after receiving such request.
1.23The school board may, after a hearing held upon due notice, discharge a teacher during the
1.24probationary period for cause, effective immediately, under section
122A.44.
1.25(b) A board must discharge a probationary teacher, effective immediately, upon
1.26receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the teacher's
1.27license has been revoked due to a conviction for child abuse or sexual abuse.
2.1(c) A probationary teacher whose first three years of consecutive employment are
2.2interrupted for active military service and who promptly resumes teaching consistent with
2.3federal reemployment timelines for uniformed service personnel under United States
2.4Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
2.5for purposes of paragraph (a).
2.6(d)
A probationary teacher whose first three years of consecutive employment are
2.7interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
2.8months of when the leave began is considered to have a consecutive teaching experience
2.9for purposes of paragraph (a) if the probationary teacher completes a combined total of
2.10three years of teaching service immediately before and after the leave.
2.11(e) A probationary teacher must complete at least 120 days of teaching service each
2.12year during the probationary period. Days devoted to parent-teacher conferences, teachers'
2.13workshops, and other staff development opportunities and days on which a teacher is
2.14absent from school do not count as days of teaching service under this paragraph.
2.15EFFECTIVE DATE.This section is effective retroactively from January 1, 2013.
2.16 Sec. 14. Minnesota Statutes 2012, section 122A.41, subdivision 2, is amended to read:
2.17 Subd. 2.
Probationary period; discharge or demotion. (a) All teachers in
2.18the public schools in cities of the first class during the first three years of consecutive
2.19employment shall be deemed to be in a probationary period of employment during which
2.20period any annual contract with any teacher may, or may not, be renewed as the school
2.21board, after consulting with the peer review committee charged with evaluating the
2.22probationary teachers under subdivision 3, shall see fit. The school site management team
2.23or the school board if there is no school site management team, shall adopt a plan for a
2.24written evaluation of teachers during the probationary period according to subdivisions 3
2.25and 5. Evaluation by the peer review committee charged with evaluating probationary
2.26teachers under subdivision 3 shall occur at least three times periodically throughout each
2.27school year for a teacher performing services during that school year; the first evaluation
2.28must occur within the first 90 days of teaching service. Days devoted to parent-teacher
2.29conferences, teachers' workshops, and other staff development opportunities and days on
2.30which a teacher is absent from school shall not be included in determining the number of
2.31school days on which a teacher performs services. The school board may, during such
2.32probationary period, discharge or demote a teacher for any of the causes as specified in
2.33this code. A written statement of the cause of such discharge or demotion shall be given to
2.34the teacher by the school board at least 30 days before such removal or demotion shall
2.35become effective, and the teacher so notified shall have no right of appeal therefrom.
3.1(b) A probationary teacher whose first three years of consecutive employment are
3.2interrupted for active military service and who promptly resumes teaching consistent with
3.3federal reemployment timelines for uniformed service personnel under United States
3.4Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
3.5for purposes of paragraph (a).
3.6(c)
A probationary teacher whose first three years of consecutive employment are
3.7interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
3.8months of when the leave began is considered to have a consecutive teaching experience
3.9for purposes of paragraph (a) if the probationary teacher completes a combined total of
3.10three years of teaching service immediately before and after the leave.
3.11(d) A probationary teacher must complete at least 120 days of teaching service each
3.12year during the probationary period. Days devoted to parent-teacher conferences, teachers'
3.13workshops, and other staff development opportunities and days on which a teacher is
3.14absent from school do not count as days of teaching service under this paragraph.
3.15EFFECTIVE DATE.This section is effective retroactively from January 1, 2013."
3.16Page 102, after line 10, insert:
3.17 "Sec. 42. Laws 2011, First Special Session chapter 11, article 2, section 12, the
3.18effective date, is amended to read:
3.19EFFECTIVE DATE.This section
applies to all collective bargaining agreements
3.20ratified after is effective July 1, 2013."
3.21Renumber the sections in sequence and correct the internal references
3.22Amend the title accordingly