Community Education (ABE/ECFE) Teachers, Tenure and

Collective Bargaining
A. Essential Qualifications
1. Minn. Stat. Section 124D.13, Subd. 11. School Boards must
employ necessary licensed teachers for its ECFE programs.
2. A person who teaches in a community education program which
qualifies for aid pursuant to Minn. Stat. 124D.52 shall continue
to meet licensure requirements as a teacher. Thus, teachers in
ABE programs which qualify for aid must meet licensure
requirements as a teacher.
B. ECFE Teachers as Public Employees
ECFE teachers are defined as public employees by the Public Employees Labor
Relations Act (PELRA), Minn. Stat. Section 179A.03, Subd. 14.
1. ECFE Teachers are public employees regardless of the number
of hours assigned to work.
2. Change in the law in response to decision of Minnesota Supreme
Court.
C. Teacher Tenure, Minn. Stat. Section 122A.40 (Continuing Contract Statute) and
122A.41 (Teacher Tenure Act for Cities of the First Class)
1. Statutes sets forth guidelines for probation, tenure, discharge and
layoff of teachers
2. Neither ABE nor ECFE teachers are governed by 122A.40 or
122A.41 as those statutes pertain to probation, continuing
contract/tenure, non-renewal or termination process, Minn. Stat.
122A.26 (A license which is required for an instructor in a
community education program pursuant to this subdivision shall
not be construed to bring an individual within the definition of a
teacher for purposes of section 122A.40, subdivision 1, or
122A.41, subdivision 1, clause (a))

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D. ECFE and ABE Teachers and Teacher Bargaining Unit

Despite being excluded from the provisions of 122A.40 and 122A.41, ECFE and
ABE Teachers are included in a districts teacher bargaining unit.
1. ECFE teachers are public employees
2. ECFE and ABE teachers are defined as teachers by PELRA,
Minn. Stat. Section 179A.03, Subd. 18, as any public
employee in a position in a school district other than a
superintendent, assistant superintendent, principal, assistant principal,
or a supervisory or confidential employee for which a license is

required.
3. PELRA provides that all teachers in the district must be
included in the teacher bargaining unit. Minn. Stat. Section
179A.03, Subd. 2.
E. Comparisons of ECFE and ABE Teachers and Other Teachers in the Teacher
Bargaining Unit
1. Salary Schedule No legal requirement that ECFE and ABE
teachers must be included on the same salary schedule with other
teachers
2. Benefits
3. Seniority List
4. Layoff Procedures
5. Other Terms and Conditions of Employment
Even if the above items are different for community education teachers, all of these items
are mandatory subjects of bargaining and must be negotiated with the teachers exclusive
bargaining representative.

Bargaining Unit Determination

The determination of a bargaining unit is important for at least two (2) reasons.
1. Determination of the appropriate bargaining unit could have an
impact upon a union certification election
2. Determination of the appropriate bargaining could have an impact
upon the collective bargaining process
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A. Teacher Bargaining Unit

Teacher Bargaining Unit consists of all licensed teachers except superintendent,
assistant superintendent(s), principals, assistant principals, supervisory employees
and/or confidential employees who are employed by a school district in a position
for which a license is required by the state. Minn. Stat. Section 179A. 02, subd 2.
-In the event a school district employs licensed school nurses in a nonsupervisory role, they will be included in the teacher bargaining unit.
B. Bargaining Unit for Other School District Employees, Minn. Stat. Section
179A.09
C. Bargaining Unit Determination Process
1. Bureau of Mediation Services (BMS) utilizes factors set forth in
Section 179A.09 to reach decision regarding appropriate
bargaining unit
2. Essential employees which includes supervisory employees and
confidential employees may not be included in a bargaining unit
with other types of employees.
3. Process initiated by employer, employee(s) or union submitting a
petition to the BMS requesting unit clarification or determination
4. Parties either stipulate or engage in hearing process
5. BMS provides final order.

Employee Compensation and Benefits Employer Rights and

Obligations
A.

Salary Schedule/Seniority
1. No obligation to include community education teachers on normal
salary schedule.
2. Normal practice is to have separate salary schedule for community
education teachers

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3. Typically separate seniority lists for layoff; due to changes in

enrollment, revenue and costs more volatile that require greater
flexibility.
B.

Health Insurance
1. Amount of Employer Contribution for premium subject to
collective bargaining or meet and confer.
2. Any change in health insurance plan or contribution which may
reduce aggregate value must be negotiated. (West St. Paul case)
3. COBRA notice both at or near time of enrollment and upon
qualifying event
4. Retiree insurance pursuant to Minn. Stat. Section 471.761, Subd.
2b (for dental also)
a. Retirees continue in group until Medicare eligibility
b. After Medicare eligibility continue coverage but in a
different benefits plan
c. Employer contributions to premiums are not required
unless negotiated
5. Beware changing employer contribution to premium for retiree
benefits (Norman v. HRA of Chisholm)

C. Severance; Benefit Differentiation based upon age

D. FMLA for employer having 50 or more employees; employee eligibility
requirements; Minnesota Parental Leave Statute for those not eligible for
FMLA
E.

Other Leaves
1. Sick Leave; allowance of use of sick leave for illness of dependent
child
2. Time Off for Voting
3. Leave to attend student conferences
4. Leave for Bone Marrow Donors
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5. Accommodation for Nursing Mothers

6. Military Leave

School Readiness
A. School Readiness program is established by Minn. Stat. 124D.15.
1. Pursuant to the statute, a school district may establish a school
readiness program for children age three to kindergarten entrance.
2. The purpose of a school readiness program is to prepare children to
enter kindergarten.
B. School Readiness Program Requirements Staffing
1. Teachers knowledgeable in early childhood curriculum content,
assessment, native and English language development programs,
and instruction.
a. No licensure requirement by the state
b. No legal right to be included in teacher bargaining unit
2. A school readiness program provided by a school board must be
supervised by a licensed early childhood teacher, a certified early
childhood educator, or a licensed parent educator.
a. Supervisor must be licensed as required by state.
b. Argument can be made that school readiness supervisor is
excluded from teacher bargaining unit as a supervior.
c. Contrary argument is that because school readiness supervisor
does not supervise any employees in teacher bargaining unit
then should be included in unit in a manner similar to licensed
school nurses.

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