Mark Anderson wrote: And it is my understanding that this is mostly due to
union rules, so I don't understand why people blame the school board for
that.

D. McGuire:
  Teacher tenures rules are not just "union rules" - the district is a party
to negotiations and derives benefits from the rules.  Much of the teacher
contract is for the benefit of the district, not the teachers or union.

As in the following communication today  from the MPS Communications
department, state law plays a big part in this current action.  And as I
said in an earlier post, I'm confused as to why the union is not fighting
this obviously unreasonable and impractical action and why  the district can
presume it to be reasonable and practical as the Strand court ruling clearly
states it must be.

Dan McGuire
Ericsson

MPS Communications to undisclosed recipients:

"Teacher realignment process in Minneapolis Public Schools is governed by
Minnesota Teacher Tenure Law

On June 29, the Minneapolis Board of Education, faced with a fourth
consecutive year of declining enrollment and budgetary reductions,
passed a 2004-05 budget that resulted in the layoff of 608 teachers. The
reduction in teaching ranks reflects an anticipated enrollment decline
of 4,600 students from Fall 2003 to Fall 2004.

Staff layoffs of this magnitude are extremely difficult. While the
district has made every effort to minimize the disruption caused by this
year's teacher layoffs, we are bound by a landmark court decision* that
dictates how school districts must apply seniority in teacher layoffs.
The court's interpretation of the Teacher Tenure Act requires districts
to save tenured teaching positions by realigning teachers who hold
multiple teaching licenses.

Law dictates that realignment must be educationally "reasonable and
practicable." Legally, this interpretation is very narrow. The Minnesota
Department of Education considers a teacher qualified for teaching in a
given area if the person holds a valid license in that area. Thus,
several tenured teachers who hold more than one license have been
reassigned to a new area. For example, a third-grade tenured teacher who
holds an arts license in addition to her elementary teaching license
would be reassigned to an art position held by a less senior teacher,
thereby preventing the layoff of a tenured, elementary teacher. Legal
precedent requires the district to realign teachers in this manner. An
attorney from Education Minnesota, the state teacher's union, has
monitored the district realignment process very closely to ensure that
the district is following the letter of the law.

The district will make every attempt to mitigate disruptions caused by
this realignment process, including staff orientations and trainings for
teachers who are entering areas of instruction that may be new to them."

*Arlene M. Strand, Edward P. Lue and Barbara Johnson v. Special School
District No.1, 392 N.W. 2d 882 (Minn. 1986)"



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