[Mpls] MPS teacher realignment and Strand

[Dan McGuire]

    The controversial interpretation of teacher tenure rights being =
invoked to move MPS teachers this last week is based on a MN Supreme =
Court case called the Strand case.  I haven't been able to find the =
specific language of that case. - anybody have Lexis access?

     Neither have I been able to find out whose  #$%*#$  idea this was.  =
This can't be good for anyone other than those few tortured souls who =
might be coveting the jobs of those teachers who, in many cases, quite =
by accident, may have another license in addition to the one under which =
they have been practicing.  Assigning teachers to a job that they don't =
have experience doing or a desire to do is not the way to close the =
achievement gap or increase enrollment.=20

There's gotta be a better way.=20

    Article 22, Section C, of the Moorhead, MN teachers' contract =
(below) is an example of a school board and a union agreeing that the =
doctrine of the Strand case is not a good idea. (There are probably more =
examples of exclusions from contracts;  it's the only one I could =
document at this time.) Could this be used as a precedent to avoid the =
invocation of this process at this very precarious time in our district? =
 I would think that the likelihood of grievances and challenges outside =
the grievance process by those who won't be able to be contacted in a =
timely manner would be reason enough by itself to attempt to find a way =
to get around this interpretation of teacher tenure rights, not to =
mention the horrendous disruption it will cause in the lives teachers, =
and by extension the lives of their students.=20

   http://www.moorhead.k12.mn.us/www/district/human_resources/tchr.htm=20
    C. (1) Layoff and recall shall be on the basis of seniority with the =

  District as defined in this Article and shall be according to the =
provisions=20
  set forth in this Article.=20
  Seniority shall not entitle an employee to a position for which the =
employee=20
  is not licensed and qualified.=20

  (2) Nothing in this Article shall require the District to reassign a =
senior=20
  teacher to a different area of licensure in order to accommodate the=20
  seniority claims of a junior teacher. The doctrine enunciated by the=20
  Minnesota Court of Appeals and Supreme Court in the Strand case shall =
not=20
  apply.

    Another question that comes to mind for me, but which is not =
necessarily related to an immediate solution is, was the Strand case =
discussed in any recent MPS teacher contract negotiations?  It is very =
likely to come up in the next round.=20

Dan McGuire=20

Ericsson