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HF 3580

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; requiring indexing of English learner programs revenue to
basic education revenue; authorizing rulemaking; appropriating money; amending
Minnesota Statutes 2020, sections 122A.09, subdivision 9; 124D.65, subdivision
5, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 122A.09, subdivision 9, is amended to read:


Subd. 9.

Professional Educator Licensing and Standards Board must adopt rules.

(a)
The Professional Educator Licensing and Standards Board must adopt rules subject to the
provisions of chapter 14 to implement sections 120B.363, 122A.05 to 122A.09, 122A.092,
122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185,
122A.187, 122A.188, 122A.20, 122A.21, 122A.23, 122A.26, 122A.28, deleted text begin anddeleted text end 122A.29new text begin , and
124D.65
new text end .

(b) The board must adopt rules relating to fields of licensure, including a process for
granting permission to a licensed teacher to teach in a field that is different from the teacher's
field of licensure without change to the teacher's license tier level.

(c) The board must adopt rules relating to the grade levels that a licensed teacher may
teach.

(d) If a rule adopted by the board is in conflict with a session law or statute, the law or
statute prevails. Terms adopted in rule must be clearly defined and must not be construed
to conflict with terms adopted in statute or session law.

(e) The board must include a description of a proposed rule's probable effect on teacher
supply and demand in the board's statement of need and reasonableness under section 14.131.

(f) The board must adopt rules only under the specific statutory authority.

Sec. 2.

Minnesota Statutes 2020, section 124D.65, subdivision 5, is amended to read:


Subd. 5.

School district EL revenue.

(a) A district's English learner programs revenue
equals the product of (1) $704 times (2) the greater of 20 or the adjusted average daily
membership of eligible English learners enrolled in the district during the current fiscal
year.

(b) A pupil ceases to generate state English learner aid in the school year following the
school year in which the pupil attains the state cutoff score on a commissioner-provided
assessment that measures the pupil's emerging academic English.

new text begin (c) The annual or biannual percent increases made to the basic education revenue must
be indexed to the English learner concentration revenue and the English learner basic
revenue.
new text end

new text begin (d) The additional revenue provided by the indexing of the basic education revenue to
the English learner concentration revenue and English learner basic revenue must be
distributed by providing: (1) 25 percent of the revenue to the districts; (2) 50 percent of the
revenue to the Minnesota Department of Education to provide for increased support and
accountability for English learner staff and programs; and (3) 25 percent of the revenue to
the Minnesota Department of Education to create and maintain an English learner parent
and community advisory council to provide counsel and feedback to the Minnesota
Department of Education on English learner programs in addition to providing budgetary
oversight of the 25 percent of the annual or biannual increases made to the English learner
concentration revenue and the English learner basic revenue to support community-based
grants to support innovative programming for English learners.
new text end

new text begin (e) For students who have been identified as students with limited or interrupted formal
education (SLIFE), English learner revenue, including both English learner concentration
revenue and English learner basic revenue, must be allocated to support unique learning
needs at the rate of 1.5 times the amount of the English learner basic revenue and English
learner concentration revenue. Funding for students who have been identified as SLIFE
would also be indexed to the annual or biannual increases made to the basic education
revenue.
new text end

new text begin (f) An eligible school district must develop an English learner compensatory funds plan
that aligns with the school improvement plan to achieve language and academic goals.
new text end

Sec. 3.

Minnesota Statutes 2020, section 124D.65, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Rules. new text end

new text begin (a) The Professional Educator Licensing and Standards Board must
adopt rules establishing promising practices for English learner (EL) and emerging
multilingual learner (EML) teaching, and making available an additional nonmandatory
micro-credential for non-ESL licensed teachers. The Professional Educator Licensing and
Standards Board must adopt rules making available an additional nonmandatory
micro-credential in English language arts, math, science, and social studies for ESL licensed
teachers. The Professional Educator Licensing and Standards Board must adopt rules
requiring increased support and accountability for EL and EML continuing education units
for teacher relicensure.
new text end

new text begin (b) The Board of School Administrators must adopt rules making available a
nonmandatory administrative micro-credential for EL and EML directors and coordinators.
new text end

Sec. 4. new text begin BOARD OF SCHOOL ADMINISTRATORS RULEMAKING;
APPROPRIATION.
new text end

new text begin $30,000 in fiscal year 2023 is appropriated from the general fund to the Board of School
Administrators to support the rulemaking process required in section 3. This is a onetime
appropriation. This appropriation is available until June 30, 2024.
new text end