Subdivision 1. Teacher defined. For the purposes of this section, "teacher" does not include a superintendent.
Subd. 2. Negotiated plan for filling positions. The boards in all member districts and exclusive bargaining representatives of the teachers in all member districts may negotiate a plan for filling positions resulting from implementation of the education district agreement. If the plan is negotiated among the member districts and the exclusive bargaining representative of each member district and unanimously agreed upon, in writing, the education district must include the plan in the education district agreement. If a plan is not negotiated, the education district is governed by subdivision 3.
Subd. 3. Filling positions without a negotiated plan. (a) When an education district board or a member board is filling a position resulting from implementation of the agreement, the board may offer the position to a teacher currently employed by a member district according to the exchange teacher provisions of section 122A.54.
(b) If the position is not filled by a currently employed teacher, the board must offer the position to an available teacher in the order of seniority in fields of licensure on a combined seniority list of all available teachers in the member districts. For the purpose of establishing a combined seniority list, each district must be considered to have started school each year on the same date. An available teacher is a teacher in a member district who:
(1) was placed on unrequested leave of absence by a member district, according to section 122A.40, subdivision 10, not more than one year before the initial formation of an education district as a result of an intention to enter into an education district agreement;
(2) was placed on unrequested leave of absence by a member district, according to section 122A.40, subdivision 10, as a result of implementing the education district agreement, after the formation of the education district; or
(3) is placed on unrequested leave of absence by a member district, according to section 122A.40, subdivision 10, as a result of implementing the education district, in the same year the position is filled.
(c) If no currently employed teacher or available teacher accepts the position, the board may fill the position with any other teacher.
(d) Any teacher who has been placed on unrequested leave of absence or who has been terminated has a right to a position only as long as the teacher has a right to reinstatement in a member district under section 122A.40, subdivision 10.
Subd. 4. Probation and termination. Notwithstanding section 122A.40, subdivision 5, a teacher who has acquired continuing contract rights in a member district and who transfers employment from a member district to the education district or to another member district does not have to serve a probationary period. A teacher who is terminated or discharged by a member district according to section 122A.40, subdivision 9 or 13, or 122A.41, subdivision 6, has no right to any position under this section.
Subd. 5. Determining whether unrequested leave or termination results from implementing agreement. When a school board that intends to enter into an education district agreement, and at the time a board that has entered into an education district agreement places a teacher on unrequested leave of absence, according to section 122A.40, subdivision 10, the board must make a determination whether the placement or termination is a result of implementing the education district agreement. That determination must be included in the notice of proposed placement or termination, may be reviewed at a hearing upon request of the teacher, and must be included in the notice of final action of the board. If the determination is not disputed by the teacher before June 1 or the final date required for action by the board, the teacher shall be deemed to acquiesce in the board's determination.
1987 c 398 art 8 s 6; 1989 c 329 art 6 s 31,32; 1994 c 647 art 6 s 42; 1998 c 397 art 5 s 84-87,104; art 11 s 3; 2020 c 83 art 1 s 26,27
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 123A — School Districts; Forms For Organizing
Section 123A.01 — Definitions.
Section 123A.05 — State-approved Alternative Program Organization.
Section 123A.06 — State-approved Alternative Programs And Services.
Section 123A.07 — Resource Center For Other Programs.
Section 123A.08 — State-approved Alternative Program Funding.
Section 123A.09 — Designating And Approving A Center.
Section 123A.12 — Agreement Regarding Administrative Services.
Section 123A.15 — Establishing Education Districts.
Section 123A.16 — Education District Board.
Section 123A.17 — Powers And Duties Of An Education District Board.
Section 123A.18 — Education District Agreement.
Section 123A.19 — Teaching Positions.
Section 123A.21 — Service Cooperatives.
Section 123A.215 — Innovative Technology Cooperative.
Section 123A.22 — Cooperative Centers For Vocational Education.
Section 123A.23 — Regional Management Information Centers.
Section 123A.24 — Withdrawing From Cooperative Unit; Appealing Denial Of Membership.
Section 123A.245 — Cooperative Units; Eligibility For Grants.
Section 123A.25 — Cooperative Unit; Insurance Pools.
Section 123A.26 — Cooperative Units; Prohibited Aid And Levies.
Section 123A.27 — Reserved Revenue For District Cooperation.
Section 123A.30 — Agreements For Secondary Education.
Section 123A.32 — Interdistrict Cooperation.
Section 123A.33 — Employees Of Cooperative Districts Upon Dissolution Or Withdrawal.
Section 123A.35 — Cooperation And Combination.
Section 123A.36 — Cooperation And Combination Plan.
Section 123A.37 — Commissioner And Voter Approval.
Section 123A.38 — Effective Date Of Combination.
Section 123A.39 — Employees Of Cooperating And Combining Districts.
Section 123A.40 — County Auditor Plat.
Section 123A.41 — Levies For Districts At Time Of Combination.
Section 123A.43 — Reports To Department Of Education.
Section 123A.441 — Policy And Purpose.
Section 123A.442 — Approval Authority; Application Forms.
Section 123A.443 — Grant Application Process.
Section 123A.444 — Levy For Severance Pay.
Section 123A.445 — Transportation.
Section 123A.45 — Detachment And Annexation Of Land.
Section 123A.455 — Realigning Split Residential Parcels.
Section 123A.46 — Dissolution And Attachment.
Section 123A.48 — Consolidation.
Section 123A.482 — Joint Powers Cooperative Facility.
Section 123A.485 — Consolidation Transition Revenue.
Section 123A.488 — Consolidation; Instruction By Nonresidential District.
Section 123A.55 — Classes, Number.
Section 123A.56 — Assignment Of Identification Numbers.
Section 123A.58 — Common District To Independent District.
Section 123A.60 — Remaining Districts, Action Of County Board; Election.
Section 123A.61 — Private Schools In Nonoperating Districts.
Section 123A.62 — Border Districts; Continued Operation; Franconia.
Section 123A.64 — Duty To Maintain Elementary And Secondary Schools.
Section 123A.65 — Phase Out Of Dissolved District.
Section 123A.66 — Procedure For Attachment To Organized Districts.
Section 123A.67 — Allocation Of Assets And Liabilities; Levy.
Section 123A.68 — Officers And Teachers, Transitional Provisions.
Section 123A.69 — Special School Districts, Application; Minneapolis And South St. Paul.
Section 123A.70 — Private Schools; Prinsburg.
Section 123A.72 — Severability.
Section 123A.73 — Levy Limitations Of Reorganized Districts.
Section 123A.74 — Obligations Upon District Reorganization.
Section 123A.75 — Employees Of Reorganized Districts.
Section 123A.76 — Expenses Of Transition.
Section 123A.77 — Surplus County School Tax Funds; Distribution.