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

1.4    "Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 10, is amended to read:
1.5    Subd. 10. Negotiated unrequested leave of absence. (a) The school board and the
1.6exclusive bargaining representative of the teachers may must negotiate a plan providing
1.7for unrequested leave of absence without pay or fringe benefits for as many teachers
1.8as may be necessary because of discontinuance of position, lack of pupils, financial
1.9limitations, or merger of classes caused by consolidation of districts. The plan must
1.10base unrequested leave of absence decisions on teachers' subject matter licensure fields
1.11and evaluation outcomes, from the least to most effective category under subdivision
1.128 and from the least to greatest seniority within each effectiveness category, and must
1.13be consistent with subdivision 11, paragraph (n). Failing to successfully negotiate
1.14such a plan, the provisions of subdivision 11 shall apply. The negotiated plan must not
1.15include provisions which would result in the exercise of seniority by a teacher holding a
1.16provisional license, other than a vocational education license if required for the position,
1.17contrary to the provisions of subdivision 11, clause paragraph (c), or the reinstatement of a
1.18teacher holding a provisional license, other than a vocational education license required
1.19for the position, contrary to the provisions of subdivision 11, clause (e) paragraph (f). The
1.20provisions of section 179A.16 do not apply for the purposes of this subdivision.
1.21(b) For purposes of placing a teacher on unrequested leave of absence or recalling a
1.22teacher from unrequested leave of absence, nothing in this subdivision requires a school
1.23board to reassign a teacher with more seniority to a different subject matter licensure
1.24field in order to accommodate the seniority claims of a teacher who is similarly licensed
1.25and effective but with less seniority. For purposes of this subdivision, a teacher holding
1.26a provisional license is a teacher who has received a waiver or variance to teach from
1.27the Minnesota Board of Teaching.
2.1(c) Notwithstanding section 13.43, subdivision 2, paragraph (a), clause (5), or
2.2other law to the contrary, a teacher's effectiveness category and the underlying data on
2.3the individual teacher generated under the teacher evaluation process in subdivision 8,
2.4paragraph (b), used to determine a teacher's effectiveness category for purposes of this
2.5subdivision are private data on individuals.
2.6(d) Nothing in this subdivision permits a school board to use a teacher's remuneration
2.7as a basis for making unrequested leave of absence or discharge decisions.
2.8EFFECTIVE DATE.This section is effective the day following final enactment
2.9and applies to negotiated plans agreed to after that date."
2.10Page 11, delete section 4 and insert:

2.11    "Sec. 4. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
2.12    Subd. 11. Unrequested leave of absence. The board may place on unrequested
2.13leave of absence, without pay or fringe benefits, as many teachers as may be necessary
2.14because of discontinuance of position, lack of pupils, financial limitations, or merger
2.15of classes caused by consolidation or reorganization of districts under chapter 123A.
2.16The unrequested leave is effective at the close of the school year. In placing teachers on
2.17unrequested leave, the board is governed by the following provisions:
2.18(a) The board may place probationary teachers on unrequested leave first in the
2.19inverse order of their employment. A teacher who has acquired continuing contract
2.20rights must not be placed on unrequested leave of absence while probationary teachers
2.21are retained in positions for which the teacher who has acquired continuing contract
2.22rights is licensed;.
2.23(b) Teachers who have acquired continuing contract rights shall be placed on
2.24unrequested leave of absence in fields in which they are licensed in the inverse order
2.25in which they were employed by the school district. In the case of equal seniority, the
2.26order in which teachers who have acquired continuing contract rights shall be placed on
2.27unrequested leave of absence in fields in which they are licensed is negotiable;.
2.28(c) Notwithstanding the provisions of clause paragraph (b), a teacher is not entitled
2.29to exercise any seniority when that exercise results in that teacher being retained by the
2.30district in a field for which the teacher holds only a provisional license, as defined by the
2.31board of teaching, unless that exercise of seniority results in the placement on unrequested
2.32leave of absence of another teacher who also holds a provisional license in the same field.
2.33The provisions of this clause paragraph do not apply to vocational education licenses;
2.34required for available positions.
3.1(d) Notwithstanding clauses paragraphs (a), (b) and (c), if the placing of a
3.2probationary teacher on unrequested leave before a teacher who has acquired continuing
3.3rights, the placing of a teacher who has acquired continuing contract rights on unrequested
3.4leave before another teacher who has acquired continuing contract rights but who has
3.5greater seniority, or the restriction imposed by the provisions of clause paragraph (c) would
3.6place the district in violation of its affirmative action program, the district may retain the
3.7probationary teacher, the teacher with less seniority, or the provisionally licensed teacher;.
3.8(e) For purposes of placing a teacher on unrequested leave of absence or recalling a
3.9teacher from unrequested leave of absence, nothing in this subdivision requires a school
3.10board to reassign a teacher with more seniority to a different subject matter licensure field
3.11in order to accommodate the seniority claims of a teacher who is similarly licensed and
3.12effective but with less seniority.
3.13(f) Teachers placed on unrequested leave of absence must be reinstated to the
3.14positions from which they have been given leaves of absence or, if not available, to other
3.15available positions in the school district in fields in which they are licensed. Reinstatement
3.16must be in the inverse order of placement on leave of absence. A teacher must not be
3.17reinstated to a position in a field in which the teacher holds only a provisional license,
3.18other than a vocational education license if required for the position, while another teacher
3.19who holds a nonprovisional license in the same field remains on unrequested leave.
3.20The order of reinstatement of teachers who have equal seniority and who are placed on
3.21unrequested leave in the same school year is negotiable;.
3.22(f) (g) Appointment of a new teacher must not be made while there is available, on
3.23unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
3.24teacher fails to advise the school board within 30 days of the date of notification that a
3.25position is available to that teacher who may return to employment and assume the duties
3.26of the position to which appointed on a future date determined by the board;.
3.27(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
3.28or any other occupation during the period of this leave;.
3.29(h) (i) The unrequested leave of absence must not impair the continuing contract
3.30rights of a teacher or result in a loss of credit for previous years of service;.
3.31(i) (j) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
3.32absence of a teacher who is categorized as effective or better under subdivision 8, who
3.33is placed on unrequested leave of absence, and who is not reinstated shall continue for a
3.34period of five years, after which the right to reinstatement shall terminate terminates. The
3.35teacher's right to reinstatement shall also terminate terminates if the teacher fails to file
3.36with the board by April 1 of any each year a written statement requesting reinstatement;.
4.1(k) Consistent with paragraph (n) and subdivision 10, the unrequested leave of
4.2absence of a teacher who is categorized as ineffective or less under subdivision 8, who
4.3is placed on unrequested leave of absence, and who is not reinstated continues for the
4.4following school year only, after which the teacher's right to reinstatement terminates. The
4.5teacher's right to reinstatement also terminates if the teacher fails to file with the board by
4.6April 1 in that following school year a written statement requesting reinstatement.
4.7(j) (l) The same provisions applicable to terminations of probationary or continuing
4.8contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
4.9absence;.
4.10(k) (m) Nothing in this subdivision shall be construed to impair the rights of teachers
4.11placed on unrequested leave of absence to receive unemployment benefits if otherwise
4.12eligible.
4.13(n) Beginning in the 2016-2017 school year and later, and notwithstanding any law
4.14to the contrary, a school board must place teachers on unrequested leave of absence based
4.15on their subject matter licensure fields and most recent evaluation outcomes, from the
4.16least to most effective category under subdivision 8 and from the least to greatest seniority
4.17within each effectiveness category. A school board is not required to reassign a teacher
4.18with more seniority to a different subject matter licensure field in order to accommodate
4.19the seniority claims of a teacher who is similarly licensed and effective but with less
4.20seniority. A school board may decide not to renew a probationary teacher's contract or
4.21may place the probationary teacher on unrequested leave of absence as it sees fit. The
4.22school board must publish in a readily accessible format the unrequested leave of absence
4.23plan it develops and implements under this paragraph.
4.24(o) For purposes of this subdivision, a teacher who holds only a provisional license
4.25is a teacher who has received a waiver or variance to teach from the Minnesota Board of
4.26Teaching.
4.27(p) Notwithstanding section 13.43, subdivision 2, paragraph (a), clause (5), or
4.28other law to the contrary, a teacher's effectiveness category and the underlying data on
4.29the individual teacher generated under the teacher evaluation process in subdivision 8,
4.30paragraph (b), used to determine a teacher's effectiveness category for purposes of this
4.31subdivision are private data on individuals.
4.32EFFECTIVE DATE.This section is effective the day following final enactment
4.33except that paragraph (n) is effective for the 2016-2017 school year and later."
4.34Page 14, delete section 6 and insert:

4.35    "Sec. 6. Minnesota Statutes 2010, section 122A.40, subdivision 19, is amended to read:
5.1    Subd. 19. Records relating to individual teacher; access; expungement. All
5.2evaluations and files generated within a school district relating to each individual teacher,
5.3including teacher evaluation data under subdivisions 8, 10, and 11, among other teacher
5.4evaluations and files, must be available to each individual teacher upon written request.
5.5Effective January 1, 1976, all evaluations and files, wherever generated, relating to each
5.6individual teacher must be available to each individual teacher upon written request. The
5.7teacher shall have the right to reproduce any of the contents of the files at the teacher's
5.8expense and to submit for inclusion in the file written information in response to any
5.9material contained therein.
5.10A district may destroy the files as provided by law and must expunge from
5.11the teacher's file any material found to be false or inaccurate through the grievance
5.12procedure required pursuant to section 179A.20, subdivision 4. The grievance procedure
5.13promulgated by the director of the bureau of mediation services, pursuant to section
5.14179A.04, subdivision 3 , clause (h), applies to those principals and supervisory employees
5.15not included in an appropriate unit as defined in section 179A.03. Expungement
5.16proceedings must be commenced within the time period provided in the collective
5.17bargaining agreement for the commencement of a grievance. If no time period is provided
5.18in the bargaining agreement, the expungement proceedings must commence within 15
5.19days after the teacher has knowledge of the inclusion in the teacher's file of the material
5.20the teacher seeks to have expunged.
5.21EFFECTIVE DATE.This section is effective the day following final enactment.

5.22    Sec. 7. Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 6, is
5.23amended to read:
5.24    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
5.25in paragraph (b), causes for the discharge or demotion of a teacher either during or after
5.26the probationary period must be:
5.27(1) immoral character, conduct unbecoming a teacher, or insubordination;
5.28(2) failure without justifiable cause to teach without first securing the written release
5.29of the school board having the care, management, or control of the school in which the
5.30teacher is employed;
5.31(3) inefficiency in teaching or in the management of a school, consistent with
5.32subdivision 5, paragraph (b);
5.33(4) affliction with active tuberculosis or other communicable disease must be
5.34considered as cause for removal or suspension while the teacher is suffering from such
5.35disability; or
6.1(5) discontinuance of position or lack of pupils.
6.2Beginning no later than the 2016-2017 school year, and notwithstanding any
6.3contradictory provisions in this subdivision, the school board must discharge or demote
6.4teachers under clause (5) based on their subject matter licensure fields and most recent
6.5evaluation outcomes, from the least to most effective category under subdivision 5 and
6.6from the least to greatest seniority within each effectiveness category. Notwithstanding
6.7section 13.43, subdivision 2, paragraph (a), clause (5), or other law to the contrary,
6.8a teacher's effectiveness category and the underlying data on the individual teacher
6.9generated under the teacher evaluation process in subdivision 5, paragraph (b), used
6.10to determine a teacher's effectiveness category for purposes of this subdivision are
6.11private data on individuals. The school board must publish in a readily accessible format
6.12any discharge and demotion plan it develops to implement clause (5). Nothing in this
6.13subdivision permits a school board to use a teacher's remuneration as a basis for making
6.14discharge or demotion decisions.
6.15For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
6.16discriminatory practice described in section 363A.13.
6.17(b) A probationary or continuing-contract teacher must be discharged immediately
6.18upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
6.19teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
6.20EFFECTIVE DATE.This section is effective the day following final enactment
6.21and applies to negotiated plans agreed to after that date."
6.22Page 16, delete section 7 and insert:

6.23    "Sec. 7. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
6.24    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
6.25given. (a) To the extent consistent with paragraph (c) and subdivision 6, paragraph (a),
6.26clause (5), a teacher whose services are terminated on account of discontinuance of
6.27position or lack of pupils must receive first consideration for other positions in the district
6.28for which that teacher is qualified. In the event If it becomes is necessary to discontinue
6.29one or more positions, in making such discontinuance, teachers must be discontinued in
6.30any department in the inverse order in which they were employed, unless a board and the
6.31exclusive representative of teachers in the district negotiate a plan providing otherwise.
6.32(b) Notwithstanding the provisions of clause paragraph (a), and to the extent
6.33consistent with paragraph (c) and subdivision 6, paragraph (a), a teacher is not entitled
6.34to exercise any seniority when that exercise results in that teacher being retained by the
6.35district in a field for which the teacher holds only a provisional license, as defined by the
7.1Board of Teaching, unless that exercise of seniority results in the termination of services,
7.2on account of discontinuance of position or lack of pupils, of another teacher who also
7.3holds a provisional license in the same field. The provisions of this clause do not apply
7.4to vocational education licenses.
7.5(c) For purposes of discharging, demoting, or recalling a teacher whose services are
7.6terminated under this subdivision, nothing in this subdivision requires a school board
7.7to reassign a teacher with more seniority to a different subject matter licensure field in
7.8order to accommodate the seniority claims of a teacher who is similarly licensed and
7.9effective but with less seniority.
7.10(d) Notwithstanding the provisions of clause paragraph (a), and to the extent
7.11consistent with paragraph (c) and subdivision 6, paragraph (a), a teacher must not be
7.12reinstated to a position in a field in which the teacher holds only a provisional license,
7.13other than a vocational education license if required for the position, while another teacher
7.14who holds a nonprovisional license in the same field is available for reinstatement.
7.15(e) For purposes of this subdivision, a teacher who holds a provisional license is
7.16a teacher who has received a waiver or variance to teach from the Minnesota Board of
7.17Teaching.
7.18EFFECTIVE DATE.This section is effective the day following final enactment.

7.19    Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 15, is amended to read:
7.20    Subd. 15. Records relating to individual teacher; access; expungement. All
7.21evaluations and files generated within a district relating to each individual teacher,
7.22including teacher evaluation data under subdivisions 5, 6, and 14, among other teacher
7.23evaluations and files, must be available to each individual teacher upon the teacher's
7.24written request. Effective January 1, 1976, all evaluations and files, wherever generated,
7.25relating to each individual teacher must be available to each individual teacher upon the
7.26teacher's written request. The teacher has the right to reproduce any of the contents of the
7.27files at the teacher's expense and to submit for inclusion in the file written information in
7.28response to any material contained therein.
7.29A district may destroy the files as provided by law and must expunge from
7.30the teacher's file any material found to be false or substantially inaccurate through
7.31the grievance procedure required pursuant to section 179A.20, subdivision 4. The
7.32grievance procedure promulgated by the director of the Bureau of Mediation Services,
7.33pursuant to section 179A.04, subdivision 3, clause (h), applies to those principals and
7.34supervisory employees not included in an appropriate unit as defined in section 179A.03.
7.35Expungement proceedings must be commenced within the time period provided in the
8.1collective bargaining agreement for the commencement of a grievance. If no time period
8.2is provided in the bargaining agreement, the expungement proceedings must commence
8.3within 15 days after the teacher has knowledge of the inclusion in the teacher's file of the
8.4material the teacher seeks to have expunged.
8.5EFFECTIVE DATE.This section is effective the day following final enactment."
8.6Renumber the sections in sequence and correct the internal references
8.7Amend the title accordingly