HF 333

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing a board for 
  1.3             educational administrators; appropriating money; 
  1.4             amending Minnesota Statutes 1998, sections 122A.162; 
  1.5             122A.163; 122A.164; 122A.18, subdivisions 1, 4, 6, and 
  1.6             8; 122A.20, subdivisions 1 and 2; 122A.21; 122A.23; 
  1.7             122A.27, subdivisions 1, 4, and 5; 123A.21, 
  1.8             subdivision 5; 123B.03, subdivision 1; 125A.67, 
  1.9             subdivision 2; 214.01, subdivision 3; 214.04, 
  1.10            subdivisions 1 and 3; 214.12, subdivision 1; and 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 122A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 122A.162, is 
  1.15  amended to read: 
  1.16     122A.162 [LICENSURE RULES.] 
  1.17     The commissioner may make rules relating to licensure of 
  1.18  school personnel not licensed by the board of teaching or board 
  1.19  of educational administration. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 122A.163, is 
  1.21  amended to read: 
  1.22     122A.163 [TEACHER RULE VARIANCES; COMMISSIONER.] 
  1.23     Notwithstanding any law to the contrary, and only upon 
  1.24  receiving the agreement of the state board of teaching or board 
  1.25  of educational administration, whichever has jurisdiction over 
  1.26  the teachers' licensure, the commissioner of children, families, 
  1.27  and learning may grant a variance to rules governing licensure 
  1.28  of teachers for those teachers licensed by the board of teaching 
  1.29  or board of educational administration, whichever has 
  2.1   jurisdiction.  The commissioner may grant a variance, without 
  2.2   the agreement of the board of teaching or board of educational 
  2.3   administration, to rules adopted by the commissioner governing 
  2.4   licensure of teachers for those teachers the commissioner 
  2.5   licenses. 
  2.6      Sec. 3.  Minnesota Statutes 1998, section 122A.164, is 
  2.7   amended to read: 
  2.8      122A.164 [TEACHER RULE VARIANCES; STATE BOARD OF 
  2.9   EDUCATION.] 
  2.10     Notwithstanding any law to the contrary, and only upon 
  2.11  receiving the agreement of the state board of teaching or board 
  2.12  of educational administration, whichever has jurisdiction over 
  2.13  the teachers' licensure, the state board of education may grant 
  2.14  a variance to its rules governing licensure of teachers for 
  2.15  those teachers licensed by the board of teaching or board of 
  2.16  educational administration, whichever has jurisdiction.  The 
  2.17  state board may grant a variance, without the agreement of the 
  2.18  board of teaching or board of educational administration, to its 
  2.19  rules governing licensure of teachers for those teachers it 
  2.20  licenses. 
  2.21     Sec. 4.  Minnesota Statutes 1998, section 122A.18, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [AUTHORITY TO LICENSE.] (a) The board of 
  2.24  teaching must license teachers, as defined in section 122A.15, 
  2.25  subdivision 1, except for supervisory personnel, as defined in 
  2.26  section 122A.15, subdivision 2. 
  2.27     (b) The state board of education educational administration 
  2.28  must license supervisory personnel as defined in section 
  2.29  122A.15, subdivision 2, except for athletic coaches.  The state 
  2.30  board of education must license athletic coaches as defined in 
  2.31  section 122A.15, subdivision 2.  
  2.32     (c) Licenses under the jurisdiction of the board of 
  2.33  teaching, board of educational administration, and the state 
  2.34  board of education must be issued through the licensing section 
  2.35  of the department.  
  2.36     Sec. 5.  Minnesota Statutes 1998, section 122A.18, 
  3.1   subdivision 4, is amended to read: 
  3.2      Subd. 4.  [EXPIRATION AND RENEWAL.] (a) Each license the 
  3.3   department of children, families, and learning issues through 
  3.4   its licensing section must bear the date of issue.  Licenses 
  3.5   must expire and be renewed according to the respective rules the 
  3.6   board of teaching, board of educational administration, or the 
  3.7   state board of education adopts.  Requirements for renewing a 
  3.8   license must include showing satisfactory evidence of successful 
  3.9   teaching experience for at least one school year during the 
  3.10  period covered by the license in grades or subjects for which 
  3.11  the license is valid or completing such additional preparation 
  3.12  as the board of teaching prescribes.  The state board of 
  3.13  education educational administration shall establish 
  3.14  requirements for renewing the licenses of supervisory 
  3.15  personnel except athletic coaches.  The state board of education 
  3.16  shall establish requirements for renewing the licenses of 
  3.17  athletic coaches. 
  3.18     (b) The board of teaching shall offer alternative 
  3.19  continuing relicensure options for teachers who are accepted 
  3.20  into and complete the national board for professional teaching 
  3.21  standards certification process, and offer additional continuing 
  3.22  relicensure options for teachers who earn national board for 
  3.23  professional teaching standards certification.  Continuing 
  3.24  relicensure requirements for teachers who do not maintain 
  3.25  national board for professional teaching standards certification 
  3.26  are those the board prescribes.  
  3.27     Sec. 6.  Minnesota Statutes 1998, section 122A.18, 
  3.28  subdivision 6, is amended to read: 
  3.29     Subd. 6.  [HUMAN RELATIONS.] The board of teaching, board 
  3.30  of educational administration, and the state board of education 
  3.31  shall accept training programs completed through Peace Corps, 
  3.32  VISTA, or Teacher Corps in lieu of completion of the human 
  3.33  relations component of the training program for purposes of 
  3.34  issuing or renewing a license in education.  
  3.35     Sec. 7.  Minnesota Statutes 1998, section 122A.18, 
  3.36  subdivision 8, is amended to read: 
  4.1      Subd. 8.  [BACKGROUND CHECKS.] (a) The board of teaching, 
  4.2   board of educational administration, and the state board of 
  4.3   education must request a criminal history background check from 
  4.4   the superintendent of the bureau of criminal apprehension on all 
  4.5   applicants for initial licenses under their jurisdiction.  An 
  4.6   application for a license under this section must be accompanied 
  4.7   by: 
  4.8      (1) an executed criminal history consent form, including 
  4.9   fingerprints; and 
  4.10     (2) a money order or cashier's check payable to the bureau 
  4.11  of criminal apprehension for the fee for conducting the criminal 
  4.12  history background check. 
  4.13     (b) The superintendent of the bureau of criminal 
  4.14  apprehension shall perform the background check required under 
  4.15  paragraph (a) by retrieving criminal history data maintained in 
  4.16  the criminal justice information system computers and shall also 
  4.17  conduct a search of the national criminal records repository, 
  4.18  including the criminal justice data communications network.  The 
  4.19  superintendent is authorized to exchange fingerprints with the 
  4.20  Federal Bureau of Investigation for purposes of the criminal 
  4.21  history check.  The superintendent shall recover the cost to the 
  4.22  bureau of a background check through the fee charged to the 
  4.23  applicant under paragraph (a). 
  4.24     (c) The board of teaching, board of educational 
  4.25  administration, or the state board of education may issue a 
  4.26  license pending completion of a background check under this 
  4.27  subdivision, but must notify the individual that the 
  4.28  individual's license may be revoked based on the result of the 
  4.29  background check.  
  4.30     Sec. 8.  [122A.191] [DEFINITIONS.] 
  4.31     Subdivision 1.  [SCOPE.] For the purposes of sections 
  4.32  122A.191 to 122A.194, the terms defined in this section have the 
  4.33  meanings given them, unless another meaning is clearly indicated.
  4.34     Subd. 2.  [BOARD.] "Board" means the board of educational 
  4.35  administration.  
  4.36     Subd. 3.  [COMMUNITY EDUCATION DIRECTOR.] "Community 
  5.1   education director" means a person devoting time to 
  5.2   administrative and supervisory duties pertaining to community 
  5.3   education and employed as a community education director.  
  5.4      Subd. 4.  [PRINCIPAL.] "Principal" means a person who 
  5.5   devotes more than 50 percent of the time to administrative or 
  5.6   supervisory duties and is employed as an elementary principal, 
  5.7   secondary principal, or kindergarten through grade 12 
  5.8   principal.  The term also includes assistant principals.  
  5.9      Subd. 5.  [SCHOOL ADMINISTRATORS AND SUPERVISORS.] "School 
  5.10  administrators and supervisors" means superintendents, 
  5.11  principals, special education directors, community education 
  5.12  directors, and vocational administrators. 
  5.13     Subd. 6.  [SPECIAL EDUCATION DIRECTOR.] "Special education 
  5.14  director" means a person devoting time to administrative or 
  5.15  supervisory duties for special instruction and services for 
  5.16  children and is employed as a special education director.  
  5.17  Special education director includes assistant special education 
  5.18  directors. 
  5.19     Subd. 7.  [SUPERINTENDENT.] "Superintendent" means a school 
  5.20  administrator employed pursuant to section 123.34, subdivision 
  5.21  9, and includes assistant superintendents.  
  5.22     Subd. 8.  [VOCATIONAL ADMINISTRATOR.] "Vocational 
  5.23  administrator" means a person devoting time to administrative or 
  5.24  supervisory duties for vocational education.  
  5.25     Sec. 9.  [122A.192] [BOARD OF EDUCATIONAL ADMINISTRATION.] 
  5.26     Subdivision 1.  [APPOINTMENT OF MEMBERS; ELIGIBILITY.] A 
  5.27  board of educational administration is established and shall 
  5.28  consist of 11 members appointed by the governor with the advice 
  5.29  and consent of the senate, including an elementary principal, a 
  5.30  secondary principal, a superintendent, a community education 
  5.31  director, a special education director, a vocational 
  5.32  administrator, a classroom teacher, a higher education 
  5.33  representative, who must be a faculty member preparing school 
  5.34  administrators, and three members of the public, two of whom 
  5.35  must be present or former school board members.  Except for the 
  5.36  representatives of higher education and the public, to be 
  6.1   eligible for appointment a person must be fully licensed for the 
  6.2   position held and have at least five years experience in 
  6.3   Minnesota within the field of administrative or supervisory 
  6.4   licensure represented, including the two years immediately 
  6.5   preceding appointment.  Representatives of statewide 
  6.6   organizations may submit for the governor's consideration the 
  6.7   names of individuals to serve on the board.  
  6.8      Subd. 2.  [TERMS; COMPENSATION; REMOVAL.] Membership terms, 
  6.9   removal of members, and the filling of membership vacancies 
  6.10  shall be as provided under section 214.09.  The terms of the 
  6.11  initial board members must be determined by lot as follows:  
  6.12  three members must be appointed for terms that expire August 1, 
  6.13  2000; three members must be appointed for terms that expire 
  6.14  August 1, 2001; three members must be appointed for terms that 
  6.15  expire August 1, 2002; and two members must be appointed to 
  6.16  terms that expire August 1, 2003.  The compensation of private 
  6.17  citizens and the actual and necessary expenses of all members 
  6.18  serving on the board shall be as provided in section 214.09, 
  6.19  subdivision 3.  A member who is a public employee shall not 
  6.20  receive the daily payment under section 214.09, subdivision 3.  
  6.21  The employer of a public employee member shall not reduce the 
  6.22  member's compensation or benefits for the member's absence from 
  6.23  employment when engaging in the business of the board.  A member 
  6.24  shall not be reappointed for more than one additional term.  
  6.25     Subd. 3.  [VACANT POSITION.] The position of a member who 
  6.26  leaves Minnesota or whose employment status changes to a 
  6.27  category different from that from which appointed shall be 
  6.28  deemed vacant.  
  6.29     Subd. 4.  [ADMINISTRATION.] The provision of staff, 
  6.30  administrative services, and office space; the review and 
  6.31  processing of complaints; the setting of fees; the selection and 
  6.32  duties of an executive secretary to serve the board; and other 
  6.33  provisions relating to board operations are as provided in 
  6.34  chapter 214.  Fiscal year and reporting requirements shall be as 
  6.35  provided under sections 214.07 and 214.08. 
  6.36     Sec. 10.  [122A.193] [MEETINGS.] 
  7.1      Subdivision 1.  [MEETINGS.] The board of educational 
  7.2   administration shall meet regularly at the times and places 
  7.3   determined by the board.  The board shall nominate and elect a 
  7.4   chair and other officers from its membership.  Meetings shall be 
  7.5   called by the chair or at the written request of any eight 
  7.6   members.  
  7.7      Subd. 2.  [EXECUTIVE SECRETARY.] The board of educational 
  7.8   administration must have an executive secretary who is in the 
  7.9   unclassified civil service and who is not a member of the board. 
  7.10     Sec. 11.  [122A.194] [DUTIES OF BOARD OF EDUCATIONAL 
  7.11  ADMINISTRATION.] 
  7.12     Subdivision 1.  [LICENSING.] The board shall license school 
  7.13  administrators and supervisors.  The board shall adopt rules to 
  7.14  license school administrators and supervisors in accordance with 
  7.15  chapter 14.  The rules shall include the licensing of persons 
  7.16  who have successfully completed alternative preparation programs 
  7.17  under section 125.1885.  
  7.18     Subd. 2.  [PREPARATION PROGRAMS.] The board shall review 
  7.19  and approve preparation programs for school administrators and 
  7.20  supervisors and alternative preparation programs under section 
  7.21  125.1885.  
  7.22     Subd. 3.  [RULES FOR CONTINUING EDUCATION REQUIREMENTS.] 
  7.23  The board shall adopt rules establishing continuing education 
  7.24  requirements which promote continuous improvement and 
  7.25  acquisition of new and relevant skills by school administrators 
  7.26  and supervisors.  
  7.27     Subd. 4.  [CODE OF ETHICS.] The board may adopt or amend by 
  7.28  rule a code of ethics covering standards of professional 
  7.29  practice, including ethical conduct, professional performance, 
  7.30  and methods of enforcement, and advise school administrators and 
  7.31  supervisors in interpreting the code of ethics. 
  7.32     Subd. 5.  [COMMISSIONER'S REPRESENTATIVE TO COMMENT ON 
  7.33  PROPOSED RULE.] Prior to the adoption of any rule that must be 
  7.34  submitted to public hearing, a representative of the 
  7.35  commissioner of children, families, and learning shall appear 
  7.36  before the board and at the hearing required under section 
  8.1   14.14, subdivision 1, to comment on the cost and educational 
  8.2   implications of the proposed rule.  
  8.3      Subd. 6.  [REGISTER OF PERSONS LICENSED.] The executive 
  8.4   secretary of the board shall keep a record of the proceedings of 
  8.5   the board and a register of all persons licensed under this 
  8.6   chapter.  The register must show the name, address, license 
  8.7   number, and the renewal of the license.  The board must on July 
  8.8   1 of each year, or as soon thereafter as is practicable, compile 
  8.9   a list of licensed school administrators and supervisors and 
  8.10  transmit a copy of the list to the board.  A copy of the 
  8.11  register must be available during business hours at the office 
  8.12  of the board to any interested person.  
  8.13     Subd. 7.  [COMMISSIONER'S ASSISTANCE; BOARD MONEY.] The 
  8.14  commissioner shall provide all necessary materials and 
  8.15  assistance for the transaction of the business of the board and 
  8.16  all money received by the board shall be paid into the state 
  8.17  treasury as provided by law.  The expenses of administering 
  8.18  sections 122A.15, 122A.16, 122A.162, 122A.163, 122A.17, 122A.18, 
  8.19  122A.20, 122A.21, 122A.22, 122A.23, and 122A.27 which are 
  8.20  incurred by the board of educational administration shall be 
  8.21  paid for from appropriations made to the board of educational 
  8.22  administration. 
  8.23     Sec. 12.  Minnesota Statutes 1998, section 122A.20, 
  8.24  subdivision 1, is amended to read: 
  8.25     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
  8.26  DENIAL.] (a) The board of teaching, board of educational 
  8.27  administration, or the state board of education, whichever has 
  8.28  jurisdiction over a teacher's licensure, may, on the written 
  8.29  complaint of the school board employing a teacher, a teacher 
  8.30  organization, or any other interested person, refuse to issue, 
  8.31  refuse to renew, suspend, or revoke a teacher's license to teach 
  8.32  for any of the following causes: 
  8.33     (1) immoral character or conduct; 
  8.34     (2) failure, without justifiable cause, to teach for the 
  8.35  term of the teacher's contract; 
  8.36     (3) gross inefficiency or willful neglect of duty; or 
  9.1      (4) failure to meet licensure requirements; or 
  9.2      (5) fraud or misrepresentation in obtaining a license. 
  9.3      The written complaint must specify the nature and character 
  9.4   of the charges.  For purposes of this subdivision, the board of 
  9.5   teaching is delegated the authority to suspend or revoke 
  9.6   coaching licenses under the jurisdiction of the state board of 
  9.7   education.  
  9.8      (b) When a complaint is received concerning a teacher 
  9.9   licensed by more than one licensing board, the board issuing the 
  9.10  license in the field in which the teacher is then practicing 
  9.11  shall initially investigate and determine whether action should 
  9.12  be taken upon the charges.  No determination by the initial 
  9.13  licensing board shall preclude consideration by another 
  9.14  licensing board. 
  9.15     Sec. 13.  Minnesota Statutes 1998, section 122A.20, 
  9.16  subdivision 2, is amended to read: 
  9.17     Subd. 2.  [MANDATORY REPORTING.] A school board must report 
  9.18  to the board of teaching, the board of educational 
  9.19  administration, state board of education, or the board of 
  9.20  trustees of the Minnesota state colleges and universities, 
  9.21  whichever has jurisdiction over the teacher's license, when its 
  9.22  teacher is discharged or resigns from employment after a charge 
  9.23  is filed with the school board under section 122A.41, 
  9.24  subdivisions 6, clauses (1), (2), and (3), and 7, or after 
  9.25  charges are filed that are ground for discharge under section 
  9.26  122A.40, subdivision 13, clauses (a), (b), (c), (d), and (e), or 
  9.27  when a teacher is suspended or resigns while an investigation is 
  9.28  pending under section 122A.40, subdivision 13, clauses (a), (b), 
  9.29  (c), (d), and (e); 122A.41, subdivisions 6, clauses (1), (2), 
  9.30  and (3), and 7; or 626.556.  The report must be made to the 
  9.31  appropriate licensing board within ten days after the discharge, 
  9.32  suspension, or resignation has occurred.  The licensing board to 
  9.33  which the report is made must investigate the report for 
  9.34  violation of subdivision 1 and the reporting board must 
  9.35  cooperate in the investigation.  Notwithstanding any provision 
  9.36  in chapter 13 or any law to the contrary, upon written request 
 10.1   from the licensing board having jurisdiction over the teacher's 
 10.2   license, a board or school superintendent shall provide the 
 10.3   licensing board with information about the teacher from the 
 10.4   district's files, any termination or disciplinary proceeding, 
 10.5   any settlement or compromise, or any investigative file.  Upon 
 10.6   written request from the appropriate licensing board, a board or 
 10.7   school superintendent may, at the discretion of the board or 
 10.8   school superintendent, solicit the written consent of a student 
 10.9   and the student's parent to provide the licensing board with 
 10.10  information that may aid the licensing board in its 
 10.11  investigation and license proceedings.  The licensing board's 
 10.12  request need not identify a student or parent by name.  The 
 10.13  consent of the student and the student's parent must meet the 
 10.14  requirements of chapter 13 and Code of Federal Regulations, 
 10.15  title 34, section 99.30.  The licensing board may provide a 
 10.16  consent form to the district.  Any data transmitted to any board 
 10.17  under this section is private data under section 13.02, 
 10.18  subdivision 12, notwithstanding any other classification of the 
 10.19  data when it was in the possession of any other agency. 
 10.20     The licensing board to which a report is made must transmit 
 10.21  to the attorney general's office any record or data it receives 
 10.22  under this subdivision for the sole purpose of having the 
 10.23  attorney general's office assist that board in its 
 10.24  investigation.  When the attorney general's office has informed 
 10.25  an employee of the appropriate licensing board in writing that 
 10.26  grounds exist to suspend or revoke a teacher's license to teach, 
 10.27  that licensing board must consider suspending or revoking or 
 10.28  decline to suspend or revoke the teacher's license within 45 
 10.29  days of receiving a stipulation executed by the teacher under 
 10.30  investigation or a recommendation from an administrative law 
 10.31  judge that disciplinary action be taken.  
 10.32     Sec. 14.  Minnesota Statutes 1998, section 122A.21, is 
 10.33  amended to read: 
 10.34     122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.] 
 10.35     Each application for the issuance, renewal, or extension of 
 10.36  a license to teach must be accompanied by a processing fee in an 
 11.1   amount set by the board of teaching by rule.  Each application 
 11.2   for the issuance, renewal, or extension of a license as 
 11.3   supervisory personnel, except school administrators and 
 11.4   supervisors, must be accompanied by a processing fee in an 
 11.5   amount set by the state board of education by rule.  Each 
 11.6   application for the issuance, renewal, or extension of a license 
 11.7   as school administrators and supervisors must be accompanied by 
 11.8   a processing fee in an amount set by the board of educational 
 11.9   administration by rule.  The processing fee for a teacher's 
 11.10  license must be paid to the executive secretary of the board of 
 11.11  teaching.  The processing fee for the licenses of supervisory 
 11.12  personnel must be paid to the commissioner.  The executive 
 11.13  secretary of the board of teaching and the commissioner shall 
 11.14  deposit the fees with the state treasurer, as provided by law, 
 11.15  and report each month to the commissioner of finance the amount 
 11.16  of fees collected.  The fees as set by the boards are 
 11.17  nonrefundable for applicants not qualifying for a license.  
 11.18  However, a fee must be refunded by the state treasurer in any 
 11.19  case in which the applicant already holds a valid unexpired 
 11.20  license.  The boards may waive or reduce fees for applicants who 
 11.21  apply at the same time for more than one license, even if the 
 11.22  licenses are under the jurisdiction of different boards.  
 11.23     Sec. 15.  Minnesota Statutes 1998, section 122A.23, is 
 11.24  amended to read: 
 11.25     122A.23 [APPLICANTS TRAINED IN OTHER STATES.] 
 11.26     When a license to teach is authorized to be issued to any 
 11.27  holder of a diploma or a degree of a Minnesota state university, 
 11.28  or of the University of Minnesota, or of a liberal arts 
 11.29  university, or a technical training institution, such license 
 11.30  may also, in the discretion of the board of teaching, board of 
 11.31  educational administration, or the state board of education, 
 11.32  whichever has jurisdiction, be issued to any holder of a diploma 
 11.33  or a degree of a teacher training institution of equivalent rank 
 11.34  and standing of any other state. The diploma or degree must be 
 11.35  granted by virtue of the completion of a course in teacher 
 11.36  preparation essentially equivalent in content to that required 
 12.1   by such Minnesota state university or the University of 
 12.2   Minnesota or a liberal arts university in Minnesota or a 
 12.3   technical training institution as preliminary to the granting of 
 12.4   a diploma or a degree of the same rank and class. 
 12.5      Sec. 16.  Minnesota Statutes 1998, section 122A.27, 
 12.6   subdivision 1, is amended to read: 
 12.7      Subdivision 1.  [REQUIREMENTS.] (a) A preparation program 
 12.8   that is an alternative to a graduate program in education 
 12.9   administration for public school administrators to acquire an 
 12.10  entrance license is established.  The program may be offered in 
 12.11  any administrative field. 
 12.12     (b) To participate in the alternative preparation program, 
 12.13  the candidate must: 
 12.14     (1) have a master's degree in an administrative area; 
 12.15     (2) have been offered an administrative position in a 
 12.16  school district, group of districts, or an education district 
 12.17  approved by the state board of education to offer an alternative 
 12.18  preparation licensure program; 
 12.19     (3) have five years of experience in a field related to 
 12.20  administration; and 
 12.21     (4) document successful experiences working with children 
 12.22  and adults. 
 12.23     (c) An alternative preparation license is of one-year 
 12.24  duration and is issued by the state board of education 
 12.25  educational administration to participants on admission to the 
 12.26  alternative preparation program. 
 12.27     Sec. 17.  Minnesota Statutes 1998, section 122A.27, 
 12.28  subdivision 4, is amended to read: 
 12.29     Subd. 4.  [APPROVAL FOR STANDARD ENTRANCE LICENSE.] The 
 12.30  resident mentorship team must prepare for the state board of 
 12.31  education educational administration an evaluation report on the 
 12.32  performance of the alternative preparation licensee during the 
 12.33  school year and a positive or negative recommendation on whether 
 12.34  the alternative preparation licensee shall receive a standard 
 12.35  entrance license. 
 12.36     Sec. 18.  Minnesota Statutes 1998, section 122A.27, 
 13.1   subdivision 5, is amended to read: 
 13.2      Subd. 5.  [STANDARD ENTRANCE LICENSE.] The state board 
 13.3   of education educational administration must issue a standard 
 13.4   entrance license to an alternative preparation licensee who has 
 13.5   successfully completed the school year in the alternative 
 13.6   preparation program and who has received a positive 
 13.7   recommendation from the licensee's mentorship team. 
 13.8      Sec. 19.  Minnesota Statutes 1998, section 123A.21, 
 13.9   subdivision 5, is amended to read: 
 13.10     Subd. 5.  [DUTIES AND POWERS OF SC BOARD OF DIRECTORS.] The 
 13.11  board of directors shall have authority to maintain and operate 
 13.12  a SC.  Subject to the availability of necessary resources, the 
 13.13  powers and duties of this board shall include the following: 
 13.14     (a) The board of directors shall submit, by June 1 of each 
 13.15  year to each participating member, an annual plan which 
 13.16  describes the objectives and procedures to be implemented in 
 13.17  assisting in resolution of the needs of the SC.  
 13.18     (b) The SC board of directors shall provide adequate 
 13.19  office, service center, and administrative facilities by lease, 
 13.20  purchase, gift, or otherwise.  
 13.21     (c) The SC board of directors shall employ a central 
 13.22  administrative staff and other personnel as necessary to provide 
 13.23  and support the agreed upon programs and services.  The board 
 13.24  may discharge staff and personnel pursuant to applicable 
 13.25  provisions of law.  SC staff and personnel may participate in 
 13.26  retirement programs and any other programs available to public 
 13.27  school staff and personnel.  
 13.28     (d) The SC board of directors may appoint special advisory 
 13.29  committees composed of superintendents, central office 
 13.30  personnel, building principals, teachers, parents, lay persons, 
 13.31  and representatives from cities, counties, and other 
 13.32  governmental units.  
 13.33     (e) The SC board of directors may employ service area 
 13.34  personnel pursuant to licensure and certification standards 
 13.35  developed by the appropriate state agency such as the state 
 13.36  board of education, board of educational administration, and the 
 14.1   state board of teaching.  
 14.2      (f) The SC board of directors may enter into contracts with 
 14.3   school boards of local districts including school districts 
 14.4   outside the SC area.  
 14.5      (g) The SC board of directors may enter into contracts with 
 14.6   other public and private agencies and institutions to provide 
 14.7   administrative staff and other personnel as necessary to furnish 
 14.8   and support the agreed upon programs and services.  
 14.9      (h) The SC board of directors shall exercise all powers and 
 14.10  carry out all duties delegated to it by members under provisions 
 14.11  of the SC bylaws.  The SC board of directors shall be governed, 
 14.12  when not otherwise provided, by applicable laws of the state. 
 14.13     (i) The SC board of directors shall submit an annual 
 14.14  evaluation report of the effectiveness of programs and services 
 14.15  to the members by September 1 of each year following the 
 14.16  previous June 30 in which the programs and services were 
 14.17  provided.  
 14.18     (j) The SC board is encouraged to establish cooperative, 
 14.19  working relationships and partnerships with post-secondary 
 14.20  educational institutions, other public agencies, business, and 
 14.21  industry.  
 14.22     Sec. 20.  Minnesota Statutes 1998, section 123B.03, 
 14.23  subdivision 1, is amended to read: 
 14.24     Subdivision 1.  [BACKGROUND CHECK REQUIRED.] (a) A school 
 14.25  hiring authority, as defined in subdivision 3, shall request a 
 14.26  criminal history background check from the superintendent of the 
 14.27  bureau of criminal apprehension on all individuals who are 
 14.28  offered employment in the school, as defined in subdivision 3.  
 14.29  In order to be eligible for employment, an individual who is 
 14.30  offered employment must provide an executed criminal history 
 14.31  consent form and a money order or check payable to either the 
 14.32  bureau of criminal apprehension or the school hiring authority, 
 14.33  at the election of the school hiring authority, in an amount 
 14.34  equal to the actual cost to the bureau of criminal apprehension 
 14.35  and the school district of conducting the criminal history 
 14.36  background check.  A school hiring authority electing to receive 
 15.1   payment may, at its discretion, accept payment in the form of a 
 15.2   negotiable instrument other than a money order or check and 
 15.3   shall pay the superintendent of the bureau of criminal 
 15.4   apprehension directly to conduct the background check.  The 
 15.5   superintendent of the bureau of criminal apprehension shall 
 15.6   conduct the background check by retrieving criminal history data 
 15.7   maintained in the criminal justice information system 
 15.8   computers.  A school hiring authority, at its discretion, may 
 15.9   elect not to request a criminal history background check on an 
 15.10  individual who holds an initial entrance license issued by the 
 15.11  state board of teaching, board of educational administration, or 
 15.12  the state board of education within the 12 months preceding an 
 15.13  offer of employment. 
 15.14     (b) A school hiring authority may use the results of a 
 15.15  criminal background check conducted at the request of another 
 15.16  school hiring authority if: 
 15.17     (1) the results of the criminal background check are on 
 15.18  file with the other school hiring authority or otherwise 
 15.19  accessible; 
 15.20     (2) the other school hiring authority conducted a criminal 
 15.21  background check within the previous 12 months; 
 15.22     (3) the individual who is the subject of the criminal 
 15.23  background check executes a written consent form giving a school 
 15.24  hiring authority access to the results of the check; and 
 15.25     (4) there is no reason to believe that the individual has 
 15.26  committed an act subsequent to the check that would disqualify 
 15.27  the individual for employment. 
 15.28     (c) A school hiring authority may, at its discretion, 
 15.29  request a criminal history background check from the 
 15.30  superintendent of the bureau of criminal apprehension on any 
 15.31  individual who seeks to enter a school or its grounds for the 
 15.32  purpose of serving as a school volunteer or working as an 
 15.33  independent contractor or student employee.  In order for an 
 15.34  individual to enter a school or its grounds under this paragraph 
 15.35  when the school hiring authority elects to request a criminal 
 15.36  history background check on the individual, the individual first 
 16.1   must provide an executed criminal history consent form and a 
 16.2   money order, check, or other negotiable instrument payable to 
 16.3   the school district in an amount equal to the actual cost to the 
 16.4   bureau of criminal apprehension and the school district of 
 16.5   conducting the criminal history background check.  
 16.6   Notwithstanding section 299C.62, subdivision 1, the cost of the 
 16.7   criminal history background check under this paragraph is the 
 16.8   responsibility of the individual. 
 16.9      (d) For all nonstate residents who are offered employment 
 16.10  in a school, a school hiring authority shall request a criminal 
 16.11  history background check on such individuals from the 
 16.12  superintendent of the bureau of criminal apprehension and from 
 16.13  the government agency performing the same function in the 
 16.14  resident state or, if no government entity performs the same 
 16.15  function in the resident state, from the Federal Bureau of 
 16.16  Investigation.  Such individuals must provide an executed 
 16.17  criminal history consent form and a money order, check, or other 
 16.18  negotiable instrument payable to the school hiring authority in 
 16.19  an amount equal to the actual cost to the government agencies 
 16.20  and the school district of conducting the criminal history 
 16.21  background check.  Notwithstanding section 299C.62, subdivision 
 16.22  1, the cost of the criminal history background check under this 
 16.23  paragraph is the responsibility of the individual. 
 16.24     Sec. 21.  Minnesota Statutes 1998, section 125A.67, 
 16.25  subdivision 2, is amended to read: 
 16.26     Subd. 2.  [TEACHER STANDARDS.] A teacher or administrator 
 16.27  at the academies is subject to the licensure standards of the 
 16.28  board of teaching, board of educational administration, or the 
 16.29  state board of education.  
 16.30     Sec. 22.  Minnesota Statutes 1998, section 214.01, 
 16.31  subdivision 3, is amended to read: 
 16.32     Subd. 3.  [NON-HEALTH-RELATED LICENSING BOARD.] 
 16.33  "Non-health-related licensing board" means the board of teaching 
 16.34  established pursuant to section 122A.07, the board of 
 16.35  educational administration established pursuant to section 
 16.36  122A.192, the board of barber examiners established pursuant to 
 17.1   section 154.22, the board of assessors established pursuant to 
 17.2   section 270.41, the board of architecture, engineering, land 
 17.3   surveying, landscape architecture, geoscience, and interior 
 17.4   design established pursuant to section 326.04, the board of 
 17.5   accountancy established pursuant to section 326.17, the board of 
 17.6   electricity established pursuant to section 326.241, the private 
 17.7   detective and protective agent licensing board established 
 17.8   pursuant to section 326.33, the board of boxing established 
 17.9   pursuant to section 341.01, and the peace officer standards and 
 17.10  training board established pursuant to section 626.841. 
 17.11     Sec. 23.  Minnesota Statutes 1998, section 214.04, 
 17.12  subdivision 1, is amended to read: 
 17.13     Subdivision 1.  [SERVICES PROVIDED.] The commissioner of 
 17.14  administration with respect to the board of electricity, the 
 17.15  commissioner of children, families, and learning with respect to 
 17.16  the board of teaching and board of educational administration, 
 17.17  the commissioner of public safety with respect to the board of 
 17.18  private detective and protective agent services, and the board 
 17.19  of peace officer standards and training, and the commissioner of 
 17.20  revenue with respect to the board of assessors, shall provide 
 17.21  suitable offices and other space, joint conference and hearing 
 17.22  facilities, examination rooms, and the following administrative 
 17.23  support services:  purchasing service, accounting service, 
 17.24  advisory personnel services, consulting services relating to 
 17.25  evaluation procedures and techniques, data processing, 
 17.26  duplicating, mailing services, automated printing of license 
 17.27  renewals, and such other similar services of a housekeeping 
 17.28  nature as are generally available to other agencies of state 
 17.29  government.  Investigative services shall be provided the boards 
 17.30  by employees of the office of attorney general.  The 
 17.31  commissioner of health with respect to the health-related 
 17.32  licensing boards shall provide mailing and office supply 
 17.33  services and may provide other facilities and services listed in 
 17.34  this subdivision at a central location upon request of the 
 17.35  health-related licensing boards.  The commissioner of commerce 
 17.36  with respect to the remaining non-health-related licensing 
 18.1   boards shall provide the above facilities and services at a 
 18.2   central location for the remaining non-health-related licensing 
 18.3   boards.  The legal and investigative services for the boards 
 18.4   shall be provided by employees of the attorney general assigned 
 18.5   to the departments servicing the boards.  Notwithstanding the 
 18.6   foregoing, the attorney general shall not be precluded by this 
 18.7   section from assigning other attorneys to service a board if 
 18.8   necessary in order to insure competent and consistent legal 
 18.9   representation.  Persons providing legal and investigative 
 18.10  services shall to the extent practicable provide the services on 
 18.11  a regular basis to the same board or boards. 
 18.12     Sec. 24.  Minnesota Statutes 1998, section 214.04, 
 18.13  subdivision 3, is amended to read: 
 18.14     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
 18.15  health-related board and the executive secretary of each 
 18.16  non-health-related board shall be the chief administrative 
 18.17  officer for the board but shall not be a member of the board.  
 18.18  The executive director or executive secretary shall maintain the 
 18.19  records of the board, account for all fees received by it, 
 18.20  supervise and direct employees servicing the board, and perform 
 18.21  other services as directed by the board.  The executive 
 18.22  directors, executive secretaries, and other employees of the 
 18.23  following boards shall be hired by the board, and the executive 
 18.24  directors or executive secretaries shall be in the unclassified 
 18.25  civil service, except as provided in this subdivision:  
 18.26     (1) dentistry; 
 18.27     (2) medical practice; 
 18.28     (3) nursing; 
 18.29     (4) pharmacy; 
 18.30     (5) accountancy; 
 18.31     (6) architecture, engineering, land surveying, landscape 
 18.32  architecture, geoscience, and interior design; 
 18.33     (7) barber examiners; 
 18.34     (8) cosmetology; 
 18.35     (9) electricity; 
 18.36     (10) teaching; 
 19.1      (11) peace officer standards and training; 
 19.2      (12) social work; 
 19.3      (13) marriage and family therapy; and 
 19.4      (14) dietetics and nutrition practice; and 
 19.5      (15) educational administration. 
 19.6      The executive directors or executive secretaries serving 
 19.7   the boards are hired by those boards and are in the unclassified 
 19.8   civil service, except for part-time executive directors or 
 19.9   executive secretaries, who are not required to be in the 
 19.10  unclassified service.  Boards not requiring full-time executive 
 19.11  directors or executive secretaries may employ them on a 
 19.12  part-time basis.  To the extent practicable, the sharing of 
 19.13  part-time executive directors or executive secretaries by boards 
 19.14  being serviced by the same department is encouraged.  Persons 
 19.15  providing services to those boards not listed in this 
 19.16  subdivision, except executive directors or executive secretaries 
 19.17  of the boards and employees of the attorney general, are 
 19.18  classified civil service employees of the department servicing 
 19.19  the board.  To the extent practicable, the commissioner shall 
 19.20  ensure that staff services are shared by the boards being 
 19.21  serviced by the department.  If necessary, a board may hire 
 19.22  part-time, temporary employees to administer and grade 
 19.23  examinations. 
 19.24     Sec. 25.  Minnesota Statutes 1998, section 214.12, 
 19.25  subdivision 1, is amended to read: 
 19.26     Subdivision 1.  [REQUIREMENTS.] The health-related and 
 19.27  non-health-related licensing boards may promulgate by rule 
 19.28  requirements for renewal of licenses designed to promote the 
 19.29  continuing professional competence of licensees.  These 
 19.30  requirements of continuing professional education or training 
 19.31  shall be designed solely to improve professional skills and 
 19.32  shall not exceed an average attendance requirement of 50 clock 
 19.33  hours per year.  All requirements promulgated by the boards 
 19.34  shall be effective commencing January 1, 1977, or at a later 
 19.35  date as the board may determine.  The 50 clock hour limitation 
 19.36  shall not apply to the board of teaching and board of 
 20.1   educational administration. 
 20.2      Sec. 26.  [TRANSFER OF POWERS AND DUTIES.] 
 20.3      The powers, duties, and responsibilities of the state board 
 20.4   of education with respect to supervisory personnel as defined in 
 20.5   Minnesota Statutes, section 122A.15, subdivision 2, except for 
 20.6   athletic coaches, are transferred to the board of educational 
 20.7   administration. 
 20.8      Sec. 27.  [APPROPRIATION.] 
 20.9      $....... is appropriated in fiscal year 2000 from the 
 20.10  general fund to the board of educational administration for the 
 20.11  purposes of sections 1 to 26.