1.1.................... moves to amend H.F. No. 2083, the delete everything amendment
1.2(H2083DE2), as follows:
1.3Page 9, delete section 2
1.4Page 10, delete section 3 and insert:

1.5    "Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:
1.6    Subd. 10. Negotiated unrequested leave of absence. The school board and the
1.7exclusive bargaining representative of the teachers may must negotiate a plan, consistent
1.8with subdivision 8, providing for unrequested leave of absence without pay or fringe
1.9benefits for as many teachers as may be necessary because of discontinuance of position,
1.10lack of pupils, financial limitations, or merger of classes caused by consolidation of
1.11districts. Failing to successfully negotiate such a plan, the provisions of subdivision 11
1.12shall apply. The negotiated plan must not include provisions which would result in the
1.13exercise of seniority by a teacher holding a provisional license, other than a vocational
1.14education license, contrary to the provisions of subdivision 11, clause (c), or the
1.15reinstatement of a teacher holding a provisional license, other than a vocational education
1.16license, contrary to the provisions of subdivision 11, clause (e). The provisions of section
1.17179A.16 do not apply for the purposes of this subdivision.
1.18EFFECTIVE DATE.This section is effective beginning in the 2017-2018 school
1.19year and later."
1.20Page 11, delete section 4 and insert:

1.21    "Sec. 4. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
1.22    Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
1.23leave of absence, without pay or fringe benefits, as many teachers as may be necessary
1.24because of discontinuance of position, lack of pupils, financial limitations, or merger of
1.25classes caused by consolidation of districts. The unrequested leave is effective at the close
1.26of the school year. In placing teachers on unrequested leave, the board is governed by the
2.1following provisions: the board may exempt from the effects of paragraphs (b) to (g) those
2.2teachers who teach in a Montessori or a language immersion program, provide instruction
2.3in an advanced placement course, or hold a kindergarten through grade 12 instrumental
2.4vocal classroom music license and currently serve as a choir, band, or orchestra director
2.5and who, in the superintendent's judgment, meet a unique need in delivering curriculum.
2.6However, within the Montessori or language immersion program, a teacher must be placed
2.7on unrequested leave of absence consistent with paragraphs (b) to (g). In placing teachers
2.8on unrequested leave, the board must exempt from the effects of paragraphs (b) to (g)
2.9those teachers teaching in a poorly performing school that has been reorganized in any
2.10school year beginning in the 2010-2011 through 2016-2017 school year for not meeting
2.11federal or state expectations for student academic achievement.
2.12(a) (b) The board may place probationary teachers on unrequested leave first in
2.13the inverse order of their employment. A teacher who has acquired continuing contract
2.14rights must not be placed on unrequested leave of absence while probationary teachers
2.15are retained in positions for which the teacher who has acquired continuing contract
2.16rights is licensed;.
2.17(b) (c) Teachers who have acquired continuing contract rights shall be placed on
2.18unrequested leave of absence in fields in which they are licensed in the inverse order
2.19in which they were employed by the school district. In the case of equal seniority, the
2.20order in which teachers who have acquired continuing contract rights shall be placed on
2.21unrequested leave of absence in fields in which they are licensed is negotiable;.
2.22(c) (d) Notwithstanding the provisions of clause (b) paragraph (c), a teacher is not
2.23entitled to exercise any seniority when that exercise results in that teacher being retained
2.24by the district in a field for which the teacher holds only a provisional license, as defined
2.25by the board of teaching, unless that exercise of seniority results in the placement on
2.26unrequested leave of absence of another teacher who also holds a provisional license
2.27in the same field. The provisions of this clause paragraph do not apply to vocational
2.28education licenses;.
2.29(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the
2.30placing of a probationary teacher on unrequested leave before a teacher who has acquired
2.31continuing rights, the placing of a teacher who has acquired continuing contract rights
2.32on unrequested leave before another teacher who has acquired continuing contract rights
2.33but who has greater seniority, or the restriction imposed by the provisions of clause (c)
2.34paragraph (d) would place the district in violation of its affirmative action program,
2.35the district may retain the probationary teacher, the teacher with less seniority, or the
2.36provisionally licensed teacher;.
3.1(e) (f) Teachers placed on unrequested leave of absence must be reinstated to
3.2the positions from which they have been given leaves of absence or, if not available,
3.3to other available positions in the school district in fields in which they are licensed.
3.4Reinstatement must be in the inverse order of placement on leave of absence. A teacher
3.5must not be reinstated to a position in a field in which the teacher holds only a provisional
3.6license, other than a vocational education license, while another teacher who holds a
3.7nonprovisional license in the same field remains on unrequested leave. The order of
3.8reinstatement of teachers who have equal seniority and who are placed on unrequested
3.9leave in the same school year is negotiable;.
3.10(f) (g) Appointment of a new teacher must not be made while there is available, on
3.11unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
3.12teacher fails to advise the school board within 30 days of the date of notification that a
3.13position is available to that teacher who may return to employment and assume the duties
3.14of the position to which appointed on a future date determined by the board;.
3.15(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
3.16or any other occupation during the period of this leave;.
3.17(h) (i) The unrequested leave of absence must not impair the continuing contract
3.18rights of a teacher or result in a loss of credit for previous years of service;.
3.19(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested
3.20leave of absence and who is not reinstated shall continue for a period of five years, after
3.21which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
3.22also terminate if the teacher fails to file with the board by April 1 of any year a written
3.23statement requesting reinstatement;.
3.24(j) (k) The same provisions applicable to terminations of probationary or continuing
3.25contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
3.26absence;.
3.27(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers
3.28placed on unrequested leave of absence to receive unemployment benefits if otherwise
3.29eligible.
3.30EFFECTIVE DATE.This section is effective for the 2012-2013 through 2016-2017
3.31school years."
3.32Page 14, delete section 6
3.33Page 16, delete section 7, and insert:

3.34    "Sec. 7. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
4.1    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
4.2given. (a) A teacher whose services are terminated on account of discontinuance of
4.3position or lack of pupils must receive first consideration for other positions in the district
4.4for which that teacher is qualified. In the event it becomes necessary to discontinue one
4.5or more positions in the 2012-2013 through 2016-2017 school years, in making such
4.6discontinuance, teachers must receive first consideration for other positions in the district
4.7for which that teacher is qualified and must be discontinued in any department in the
4.8inverse order in which they were employed, unless.
4.9(b) Beginning in the 2017-2018 school year and later, a board and the exclusive
4.10representative of teachers in the district must negotiate a plan providing otherwise,
4.11consistent with subdivision 5, for discontinuing and terminating teachers under this
4.12subdivision.
4.13(b) (c) For the 2012-2013 through 2016-2017 school years, the board may exempt
4.14from the effects of paragraph (a) those teachers who teach in a Montessori or a language
4.15immersion program or provide instruction in an advanced placement course and who, in
4.16the superintendent's judgment, meet a unique need in delivering curriculum. However,
4.17within the Montessori or language immersion program, a teacher shall be discontinued
4.18based on the inverse order in which the teacher was employed. For the 2012-2013 through
4.192016-2017 school years, the board must exempt from the effects of paragraph (a) those
4.20teachers teaching in a poorly performing school that has been reorganized in any school
4.21year beginning in the 2010-2011 through 2016-2017 school year for not meeting federal
4.22or state expectations for student academic achievement.
4.23(d) Notwithstanding the provisions of clause paragraph (a), for the 2012-2013
4.24through 2016-2017 school years, a teacher is not entitled to exercise any seniority when
4.25that exercise results in that teacher being retained by the district in a field for which the
4.26teacher holds only a provisional license, as defined by the Board of Teaching, unless that
4.27exercise of seniority results in the termination of terminating the services, on account
4.28of discontinuance of position or lack of pupils, of another teacher who also holds a
4.29provisional license in the same field. The provisions of this clause paragraph do not apply
4.30to vocational education licenses.
4.31(c) (e) Notwithstanding the provisions of clause paragraph (a), for the 2012-2013
4.32through 2016-2017 school years, a teacher must not be reinstated to a position in a field
4.33in which the teacher holds only a provisional license, other than a vocational education
4.34license, while another teacher who holds a nonprovisional license in the same field is
4.35available for reinstatement.
5.1EFFECTIVE DATE.This section is effective July 1, 2012, and applies to
5.2negotiated discharge or demotion plans agreed to on or after that date."
5.3Page 17, delete section 8
5.4Page 17, before line 17, insert:

5.5    "Sec. 9. Minnesota Statutes 2010, section 179A.20, is amended by adding a subdivision
5.6to read:
5.7    Subd. 4a. Unrequested leave of absence for teachers. A school board and the
5.8exclusive representative of the teachers may not execute a contract unless the contract
5.9contains a plan for unrequested leave of absence under section 122A.40, subdivision 10,
5.10or a plan for discontinuing or terminating teachers under section 122A.41, subdivision 14.
5.11EFFECTIVE DATE.This section is effective beginning in the 2017-2018 school
5.12year and later."
5.13Page 19, after line 23, insert:

5.14    "Sec. 16. REPEALER.
5.15Minnesota Statutes 2010, section 122A.40, subdivision 11, is repealed effective
5.16for the 2017-2018 school year and later."
5.17Renumber the sections in sequence and correct the internal references
5.18Amend the title accordingly