Subdivision 1. Teacher assignment. (a) As of the effective date of a consolidation in which a district is divided or the dissolution of a district and its attachment to two or more existing districts, each teacher employed by an affected district shall be assigned to the newly created or enlarged district on the basis of a ratio of the pupils assigned to each district according to the new district boundaries. The district receiving the greatest number of pupils must be assigned the teacher with the greatest seniority, and the remaining teachers must be alternately assigned to each district until the district receiving the fewest pupils has received its ratio of teachers who will not be retiring before the effective date of the consolidation or dissolution.
(b) Notwithstanding paragraph (a), the board and the exclusive representative of teachers in each district involved in the consolidation or dissolution and attachment may negotiate a plan for assigning teachers to each newly created or enlarged district.
Subd. 2. Collective bargaining. The organization certified as the exclusive bargaining representative for the teachers in the particular preexisting district which employed the largest proportion of the teachers who are assigned to a new employing district according to subdivision 1 shall be certified as the exclusive bargaining representative for the teachers assigned to that new employing district, until that organization is decertified or another organization is certified in its place pursuant to sections 179A.01 to 179A.25. For purposes of negotiation of a new contract with the board of the new employing district and the certification of an exclusive bargaining representative for purposes of that negotiation, the teachers assigned to that district shall be considered an appropriate unit of employees of that district as of the date the county board orders its interlocutory order of dissolution and attachment to be final and effective or as of the date the commissioner assigns an identification number to a new district created by consolidation. During the school year before the consolidation becomes effective, the newly elected board or the board of the district to which a dissolved district is attached, may place teachers assigned to it on unrequested leave of absence as provided in section 122A.40 according to: (a) a plan negotiated in a new master contract between it and the exclusive bargaining representative of the teachers assigned to it, or (b) if no such plan exists, an applicable plan negotiated in the contract which according to this subdivision will temporarily govern the terms and conditions of employment of teachers assigned to it.
Subd. 3. Interim contractual agreements. (a) Until a successor contract is executed between the new board and the exclusive representative of the teachers of the new district, the boards of both districts and the exclusive representatives of the teachers of both districts may agree:
(1) to comply with the contract of either district with respect to all of the teachers assigned to the new district; or
(2) that each of the contracts shall apply to the teachers previously subject to the respective contract.
(b) In the absence of an agreement according to paragraph (a), the following shall apply:
(1) if the effective date is July 1 of an even-numbered year, each of the contracts shall apply to the teachers previously subject to the respective contract and shall be binding on the new board; or
(2) if the effective date is July 1 of an odd-numbered year, the contract of the district that previously employed the largest proportion of teachers assigned to the new district applies to all of the teachers assigned to the new district and shall be binding on the new board. The application of this section shall not result in a reduction in a teacher's basic salary, payments for cocurricular or extracurricular assignments, district contributions toward insurance coverages or tax-sheltered annuities, leaves of absence, or severance pay until a successor contract is executed between the new board and the exclusive representative.
Subd. 4. Contracts; termination; tenure. Except as provided in this section, the provisions of section 122A.40 or 122A.41 shall apply to the employment of each teacher by the new employing district on the same basis as they would have applied to the employment if the teacher had been employed by that new district before the effective date of the consolidation or dissolution and attachment.
1978 c 764 s 27; 1Sp1981 c 4 art 1 s 46; 1984 c 462 s 27; 1986 c 444; 1989 c 329 art 6 s 15-17; 1992 c 499 art 6 s 14; 1Sp1995 c 3 art 1 s 5; 1998 c 397 art 5 s 62-64,104; art 11 s 3; 2020 c 83 art 1 s 28,29
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.