ARTICLE XIII 
UNREQUESTED LEAVE OF ABSENCE PROCESS 
SENIORITY AGREEMENT 
Section 1​. ​Procedure​:​ ​M.S. § 122A.40, Subd 11 shall govern unrequested leaves of absences​. Effective July 1, 2018, the purpose of
this section is to set forth a plan providing for unrequested leaves of absence (ULA) because of discontinuance of position, lack of
pupils, financial limitations, or merger of classes caused by consolidation of districts.
Subd. 1. Definitions:  
Qualified:​ For purposes of Article XIII and the placement of teachers on or recalling teachers from ULA, a teacher is “qualified” to teach
in a “subject matter or field” if the teacher is licensed in that subject matter or field and has taught in that subject
matter or field for at least 90 duty days or one (1) semester in the previous eight (8) years. A teacher cannot assert
rights to a position while being placed on or recalled from ULA unless he or she is qualified for the position.
Realignment:​ The District is not required, under any circumstance, to realign positions to different subject matters, fields, licensure
areas, or other positions to accommodate the claims of another teacher. Consequently, the District is not required to
realign any positions when placing teachers on ULA or when recalling any teachers from ULA.
Probationary releases.​ The annual non-renewal of probationary teachers as identified by administration and approved by the Board
shall follow MN122A.40 subd. 5. The identification, selection, and approval of probationary teachers to be released is
solely at the Board’s discretion. The release of probationary teachers is not a required component of ULA prior to the
implementation of Article XIII, Subd. 2, paragraph 4.
Board Priorities:​ The Board will approve on an annual basis staffing retention priorities in August of the current fiscal year using
Appendix D-3. The identified priorities shall not be subject to the Unrequested Leave Process.
Subd. 2. Process: 
 
Unrequested leaves of absences shall occur in the following order for all teachers prior to May 15th:
1. Any teacher teaching under a Tier 1 or Tier 2 license or exemption.​ Teachers impacted by reductions who are on
a Tier 1 or Tier 2 license or exemption will be placed on an Unrequested Leave of Absence if they are not qualified
under​ ​a Tier 3 or higher license.
2. Non-qualified teachers.​ Teachers impacted by reductions that are not qualified per Subd. 1 will be placed on an
Unrequested Leave of Absence.
3. Any qualified teacher with disciplinary action within the last five (5) years.​ Qualified teachers who have
received disciplinary action within the last five years will be placed on an Unrequested Leave of Absence.
4. The least senior, qualified teacher​. The least senior, qualified teacher within a department or license area will be
placed on Unrequested Leave of Absence. The District reserves the right to release probationary teachers at its
discretion per MN 122A.40.
Subd. 3. Recall Provisions:  
1. Teachers will be recalled to vacant positions for which they are qualified in the inverse order in which they were
placed on ULA.
2. The District will not hire a new teacher to fill a vacant position if a qualified teacher is on ULA and is available and
willing to accept the vacant position.
3. The District shall not be required to create part-time positions from full-time positions while placing teachers on or
recalling teachers from ULA. No teacher shall have rights to a position with an FTE greater than his or her FTE at the

 4.

5.
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7.

8.
9.
10.

time of placement on ULA.
No full-time teacher will be required to accept recall to a part-time position. If a teacher accepts recall to a position
with a lesser FTE than their recall rights provide, they may remain on unrequested leave for the remaining
unassigned portion of their FTE. A teacher who declines the offer of reinstatement will remain on unrequested leave
at their full FTE, but will not receive another offer of reinstatement for a position equal to or less than the offer
declined for the remainder of that year. Only offers of reinstatement to a greater FTE than the position declined will
be extended to this teacher for the remainder of that school year.
The District will use certified mail, return receipt requested, to notify a qualified teacher on ULA of recall to a vacant
position.
It shall be the responsibility of all teachers placed on ULA to maintain a current listing of their name and mailing
address in writing in the Human Resources office. Teachers shall have ten (10) days from the receipt of certified mail
or personally served notice of recall to advise the School District in writing of intent to accept or the intent to reject the
offer. Failure to so notify the School District within such ten (10) day period shall constitute waiver on the part of the
teacher to any further rights of employment or reinstatement, and that teacher shall forfeit any future reinstatement or
employment rights.
A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the leave,
may be eligible for unemployment compensation if otherwise eligible under that law for such compensation, and a
leave will not impair the continuing contract rights of the teacher or result in a loss of credit for years of service in the
district earned prior to the commencement of such leave.
If a teacher waives his or her right to reemployment in the position offered, the position shall be offered to the next
teacher on ULA that is licensed and qualified for the position.
A teacher placed on ULA will be eligible for recall for a period of three (3) years.
Pending completion of the recall process, positions may be filled on a temporary basis.

Subd. 4 Termination of Recall Rights. 
A teacher's recall rights will terminate if any of the following occur:
1. Voluntary removal by a teacher of his/her name from the recall list which must be a written request.
2. Resignation of teaching position.
3. Retirement.
4. Discharge or termination of the teacher.
5. The expiration of three (3) years from the commencement of the ULA without having been recalled;
6. The expiration or revocation of a valid teaching license.
Subd. 5 Insurance Participation. 
Any teacher placed on unrequested leave of absence shall remain eligible for all teacher insurance benefit plans if he/she is not
employed in another job in which insurance benefits are available. This participation is subject to carrier approval and the teacher must
pay the entire premium during the period of such leave. If a teacher is on an ULA and a spouse is employed by the district, the District
will only contribute the portion identified under family coverage. Dual employment language will not apply.
​ ubd. 6. Hearing Rights.​ ​Any challenge by a teacher who is proposed for placement on ULA or recall therefrom shall be subject to
S
the hearing and review procedures as provided in Minn. Stat. 122A.40 and, therefore, shall not be subject to the grievance procedure.
Section 2​. ​Date of Service​: The first date of continuous employment in any certificated capacity shall be the date of service in this
District for purposes of placement on the seniority ​list and qualified list. The seniority date for teachers that have retired from
Independent School District 191 and are rehired in any certificated capacity shall be the date of rehire for purpose of placement on the
seniority ​list and qualified​ list.
Section 3​. ​Seniority for Leaves of Absence​: A teacher will continue to accrue seniority during all leaves of absences.
Section 4​. ​Ties in Seniority​: In the event of a staff reduction action affecting teachers whose first date of employment commenced on
the same date, and thus have equal seniority, the teacher with the lower license file number as required by the State Department of
Education shall be deemed senior.

 Section 5​. ​Posting of Seniority List​: A corrected, up-to-date seniority ​list and qualified list shall be drawn up by the Human Resources
Office by December 15​th of each calendar year. The seniority ​list and qualified list shall be posted in a PDF file on the district website
no later than December 15 of each school year, beginning with the 2007 school year.
Section 6​. ​Grievances​: Grievance on seniority ​list and qualified list placement must be made by February 1 for consideration in
staffing for the following year. The seniority ​list and qualified list is final as of February 1 and shall be used to determine placements in
the event unrequested leaves of absence become necessary.

ARTICLE V 
COMPENSATION
Section 2​. Subd. 1.
Effective until January 1, 2019​, teachers hired on or after July 1, 2010 must maintain the certifications on
their license in place at the time of hire for the duration of their career in the district. Failure to maintain such certifications in place at
the time of hire, will result in termination, effective at the conclusion of the school year during which the certification is surrendered.

Appendix D-3
BURNSVILLE EAGAN SAVAGE
Independent School District 191
Human Resources
AGENDA ITEM:
To:

Members of the Board of Education
Superintendent Cynthia Amoroso

From:

Stacey Sovine
Executive Director of Human Resources

Date:

August 1__, 20__

RE:

Approving Board programming and staffing retention priorities for the 20__-20__ school
year.

RECOMMENDATION:

THAT THE BOARD OF EDUCATION APPROVES FOR THE 20__ - 20__ SCHOOL
YEAR, THE PROPOSED PROGRAMMING PRIORITIES AND STAFFING RETENTION PROTECTIONS IN
THE FOLLOWING AREAS:

 BE IT FURTHER RESOLVED THAT:

STAFFING RETENTION PROTECTION ALIGNS WITH THE
DISTRICT 191 STRATEGIC PLAN AND ARE FOR TRAITS SUCH AS UNIQUE SPECIALIZED
TRAINING, EXTERNAL CERTIFICATIONS OR LICENSES, LANGUAGE PROFICIENCY, AND
RECRUITMENT AND RETENTION OF TEACHERS AND ADMINISTRATORS WITH DIVERSE RACIAL
AND ETHNIC BACKGROUNDS. THE STAFFING RETENTION PROTECTIONS DO NOT LIMIT THE
BOARD’S ABILITY TO DETERMINE THE PROGRAMS, FUNCTIONS, OVERALL BUDGET,
UTILIZATION OF TECHNOLOGY, ORGANIZATIONAL STRUCTURE, SELECTION OF PERSONNEL,
ABILITY TO DISIPLINE, AND THE DIRECTION AND NUMBER OF PERSONNEL.

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into between Independent School District 191 (hereinafter referred to as
the School District) and The Burnsville Education Association (hereinafter referred to as the Union), representing the
Teachers of the School District as follows:
1. The parties have entered into a collective bargaining agreement covering the period July 1, 2017 through June 30,
2019.
2. Notwithstanding Article XIII, Section 1, Subd. 2, paragraph 3, discipline prior to July 1, 2018 shall not be considered
in the ULA process.
This MEMORANDUM OF UNDERSTANDING shall be in full force and effect from the period of execution of this
document through June 30, 2019.
Burnsville Education Association
Burnsville, MN 55337

Union Representative Chair

Dated: ​

_

Independent School Dist. 191
200 W. Burnsville Parkway
Burnsville, MN 55337

Employer Representative

2018

Dated:​ _

2018