Continuing-contract status under Minn. Stat. § 122A.40 (2008) is equivalent to tenure under the Teacher Tenure Act, Minn. Stat. § 122A.41 (2008). Jurkovich v. Indep. Sch. Dist. No. 708, 478 N.W.2d 232, 233 n. 1 (Minn.App. 1991) (referring to predecessor statutes). Section 122A.41 applies only to cities of the first class, while section 122A.40 expressly excludes them. Minn. Stat. §§ 122A.40, subd. 18, .41, subd. 2.

Although the Minnesota Statutes use the term "tenure" only with respect to teachers employed in cities of the first class, see Minn. Stat. § 122A.41 (2008) (teacher tenure act), as a practical matter, tenure and continuing contract rights are interchangeable concepts. See Jurkovich v. Indep. Sch. Dist. No. 708, 478 N.W.2d 232, 233 n. 1 (Minn.App. 1991) (recognizing that "the two terms identify the same legal concept"). Wilson's employment before accepting the FACS position included more than a decade of teaching interior design courses at Dakota County Technical College (DCTC), which during a portion of Wilson's employment was a part of Independent School District No. 917 (ISD 917).

"Continuing contract rights" under Minn. Stat. § 125.12 (1996) are the equivalent of "tenure rights" under Minn. Stat. § 125.17 (1996) and the terms are used interchangeably. See Jurkovich v.Independent Sch. Dist. No. 708, 478 N.W.2d 232, 233 n. 1 (Minn.App. 1991). The school district is mistaken.