HF 4229

as introduced - 90th Legislature (2017 - 2018) Posted on 04/09/2018 04:31pm

A bill for an act
relating to education; modifying teacher licensure requirements; amending
Minnesota Statutes 2017 Supplement, sections 122A.181, subdivisions 3, 5, 6;
122A.182, subdivisions 1, 3, 7; 122A.183, subdivisions 2, 4; 122A.184,
subdivisions 1, 3; 122A.22; 122A.40, subdivision 8; 122A.41, subdivision 5;
repealing Minnesota Statutes 2017 Supplement, section 122A.182, subdivision 2.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 122A.181, subdivision 3, is
amended to read:

Subd. 3.

Term of license and renewal.

(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) and (c). The board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.

(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:

(1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;

(2) the teacher holding the Tier 1 license took a content examination in accordance with
section 122A.185 and submitted the examination results to the teacher's employing district
or charter school within one year of the board approving the request for the initial Tier 1
license; and

(3) the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board
approving the request for the initial Tier 1 license.

The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.

(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. deleted text begin A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.
deleted text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 122A.181, subdivision 5, is amended
to read:

Subd. 5.

Limitations on license.

(a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and
limited to the district or charter school that requested the initial Tier 1 license.

(b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).

deleted text begin (c) A Tier 1 license does not bring an individual within the definition of a teacher under
section 179A.03, subdivision 18.
deleted text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 122A.181, subdivision 6, is amended
to read:

Subd. 6.

Mentorship and evaluation.

(a) A teacher holding a Tier 1 license must
participate in deleted text begin the employing district or charter school's deleted text end new text begin a new text end mentorship program deleted text begin and professional
development deleted text end .

(b) A teacher holding a Tier 1 license must participate in deleted text begin an deleted text end new text begin a professional development
and new text end evaluation new text begin program new text end aligned deleted text begin , to the extent practicable, deleted text end with deleted text begin the evaluation under deleted text end section
122A.40, subdivision 8, or 122A.41, subdivision 5.

Sec. 4.

Minnesota Statutes 2017 Supplement, section 122A.182, subdivision 1, is amended
to read:

Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must approve a request from a district or charter school to issue a Tier 2 license in a
specified content area to a candidate if:

(1) the candidate meets the educational or professional requirements in paragraph (b)
or (c);

(2) the candidate:

deleted text begin (i) has completed the coursework required under subdivision 2;
deleted text end

deleted text begin (ii) deleted text end new text begin (i) new text end is enrolled in a Minnesota-approved teacher preparation program new text begin , including an
alternative preparation program under section 122A.2451 new text end ; or

deleted text begin (iii) has a master's degree in the specified content area deleted text end new text begin (ii) has completed a
Minnesota-approved teacher preparation program but does not meet the requirements for a
Tier 3 license new text end ; and

(3) the district or charter school demonstrates that a criminal background check under
section 122A.18, subdivision 8, has been completed on the candidate.

(b) A candidate for a Tier 2 license must have a bachelor's degree to teach a class outside
a career and technical education or career pathways course of study.

(c) A candidate for a Tier 2 license must have one of the following credentials in a
relevant content area to teach a class or course in a career and technical education or career
pathways course of study:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 122A.182, subdivision 3, is amended
to read:

Subd. 3.

Term of license and renewal.

The Professional Educator Licensing and
Standards Board must issue an initial Tier 2 license for a term of two years. A Tier 2 license
may be renewed deleted text begin three deleted text end new text begin two new text end times. Before a Tier 2 license is renewed for the first time, a
teacher holding a Tier 2 license must participate in cultural competency training consistent
with section 120B.30, subdivision 1, paragraph (q). The board must issue rules setting forth
the conditions for additional renewals after the initial license has been renewed deleted text begin three deleted text end new text begin two
new text end times.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 122A.182, subdivision 7, is amended
to read:

Subd. 7.

Mentorship and evaluation.

(a) A teacher holding a Tier 2 license must
participate in deleted text begin the employing district or charter school's deleted text end new text begin a new text end mentorship deleted text begin and evaluation deleted text end program,
including an individual growth and development plan that includes cultural competency
under section 120B.30, subdivision 1, paragraph (q).

(b) A teacher holding a Tier 2 license must participate in deleted text begin an deleted text end new text begin a professional development
and new text end evaluation new text begin program new text end aligned deleted text begin , to the extent practicable, deleted text end with deleted text begin the evaluation under deleted text end section
122A.40, subdivision 8, or section 122A.41, subdivision 5.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 122A.183, subdivision 2, is amended
to read:

Subd. 2.

Coursework.

A candidate for a Tier 3 license must meet the coursework
requirement by demonstrating one of the following:

(1) completion of a Minnesota-approved teacher preparation program;

(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to a
candidate that has two years of teaching experience;

(3) submission of a content-specific licensure portfolio; new text begin or
new text end

(4) a professional teaching license from another state, evidence that the candidate's
license is in good standing, and two years of teaching experience deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41,
subdivision 5.
deleted text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 122A.183, subdivision 4, is amended
to read:

Subd. 4.

Mentorship and evaluation.

A teacher holding a Tier 3 license must participate
in deleted text begin the employing district or charter school's deleted text end new text begin a new text end mentorship and evaluation program, including
an individual growth and development plan. new text begin A teacher holding a Tier 3 license may satisfy
the mentorship requirement by participating in a mentorship program during the teacher's
first year in a new district or charter school, including a school year when the teacher held
a Tier 1 or Tier 2 license. No teacher holding a Tier 3 license may be required to serve as
a mentor to another teacher in order to fulfill this requirement.
new text end

Sec. 9.

Minnesota Statutes 2017 Supplement, section 122A.184, subdivision 1, is amended
to read:

Subdivision 1.

Requirements.

The Professional Educator Licensing and Standards
Board must issue a Tier 4 license to a candidate who provides information sufficient to
demonstrate all of the following:

(1) the candidate meets all requirements for a Tier 3 license under section 122A.183,
and has completed a teacher preparation program under section 122A.183, subdivision 2,
clause (1) or (2);

(2) the candidate has at least three years of teaching experience in Minnesota; new text begin and
new text end

(3) the candidate has obtained a passing score on all required licensure exams under
section 122A.185 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) the candidate's most recent summative teacher evaluation did not result in placing
or otherwise keeping the teacher in an improvement process pursuant to section 122A.40,
subdivision 8, or 122A.41, subdivision 5.
deleted text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 122A.184, subdivision 3, is amended
to read:

Subd. 3.

Mentorship and evaluation.

A teacher holding a Tier 4 license must participate
in deleted text begin the employing district or charter school's deleted text end new text begin a new text end mentorship and evaluation program, including
an individual growth and development plan. new text begin A teacher holding a Tier 4 license may satisfy
the mentorship requirement by participating in a mentorship program during the teacher's
first year in a new district or charter school, including a school year when the teacher held
a Tier 1, Tier 2, or Tier 3 license. No teacher holding a Tier 4 license may be required to
serve as a mentor to another teacher in order to fulfill this requirement.
new text end

Sec. 11.

Minnesota Statutes 2017 Supplement, section 122A.22, is amended to read:

122A.22 DISTRICT VERIFICATION new text begin AND REPORTING new text end OF TEACHER
LICENSES.

new text begin Subdivision 1. new text end

new text begin Verification. new text end

No person shall be accounted a qualified teacher until the
school district or charter school contracting with the person for teaching services verifies
through the Minnesota education licensing system available on the Professional Educator
Licensing and Standards Board Web site that the person is a qualified teacher, consistent
with sections 122A.16 and 122A.44, subdivision 1.

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin No later than October 1 of each school year, the superintendent or
charter school must provide the school board with the number of teachers in each school
building who hold Tier 1, 2, 3, and 4 licenses. The school board and the Department of
Education must publish this data on their respective Web sites no later than January of each
school year.
new text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 122A.40, subdivision 8, is amended
to read:

Subd. 8.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop a
teacher evaluation and peer review process for probationary and continuing contract teachers
through joint agreement. If a school board and the exclusive representative of the teachers
do not agree to an annual teacher evaluation and peer review process, then the school board
and the exclusive representative of the teachers must implement the state teacher evaluation
plan under paragraph (c). The process must include having trained observers serve as peer
coaches or having teachers participate in professional learning communities, consistent with
paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching practices,
improve student learning and success, and provide all enrolled students in a district or school
with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:

(1) must, for probationary teachers, provide for all evaluations required under subdivision
5;

(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator. For the years when a tenured teacher is not evaluated by a qualified and
trained evaluator, the teacher must be evaluated by a peer review;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;

(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.18, subdivision
4, paragraph (b), and include teachers' own performance assessment based on student work
samples and examples of teachers' work, which may include video among other activities
for the summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

(10) must use longitudinal data on student engagement and connection, and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
content areas of English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses (3)
through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 5.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who new text begin holds a Tier 1 or
Tier 2 license, new text end is in the improvement process referenced in paragraph (b), clause (12), or
has not had a summative evaluation if, in the prior year, that student was in the classroom
of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other
teacher at the school teaches that grade; and

(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who new text begin holds a Tier 1 or Tier 2 license,
new text end is in the improvement process referenced in paragraph (b), clause (12), or has not had a
summative evaluation if, in the prior year, that student was in the classroom of a teacher
who new text begin held a Tier 1 or Tier 2 license, new text end received discipline pursuant to paragraph (b), clause
(13), unless no other teacher at the school teaches that subject area and grade.

All data created and used under this paragraph retains its classification under chapter 13.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 122A.41, subdivision 5, is amended
to read:

Subd. 5.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of the
teachers in the district do not agree to an annual teacher evaluation and peer review process,
then the school board and the exclusive representative of the teachers must implement the
state teacher evaluation plan developed under paragraph (c). The process must include
having trained observers serve as peer coaches or having teachers participate in professional
learning communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching practices
and improve student learning and success, and provide all enrolled students in a district or
school with improved and equitable access to more effective and diverse teachers, the annual
evaluation process for teachers:

(1) must, for probationary teachers, provide for all evaluations required under subdivision
2;

(2) must establish a three-year professional review cycle for each teacher that includes
an individual growth and development plan, a peer review process, and at least one
summative evaluation performed by a qualified and trained evaluator such as a school
administrator;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and 122A.61
with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and teacher
collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs for teachers, including teachers who
are members of populations underrepresented among the licensed teachers in the district or
school and who reflect the diversity of students under section 120B.35, subdivision 3,
paragraph (b), clause (2), who are enrolled in the district or school;

(8) must include an option for teachers to develop and present a portfolio demonstrating
evidence of reflection and professional growth, consistent with section 122A.18, subdivision
4, paragraph (b), and include teachers' own performance assessment based on student work
samples and examples of teachers' work, which may include video among other activities
for the summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local academic
standards and must use state and local measures of student growth and literacy that may
include value-added models or student learning goals to determine 35 percent of teacher
evaluation results;

(10) must use longitudinal data on student engagement and connection and other student
outcome measures explicitly aligned with the elements of curriculum for which teachers
are responsible, including academic literacy, oral academic language, and achievement of
English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses (3)
through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning, termination,
discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline
a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data under
section 13.43. The observation and interview notes of peer coaches may only be disclosed
to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent organizations
and teacher and administrator representatives appointed by their respective organizations,
representing the Professional Educator Licensing and Standards Board, the Minnesota
Association of School Administrators, the Minnesota School Boards Association, the
Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and
representatives of the Minnesota Assessment Group, the Minnesota Business Partnership,
the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with
research expertise in teacher evaluation, must create and publish a teacher evaluation process
that complies with the requirements in paragraph (b) and applies to all teachers under this
section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers under
subdivision 2.

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not place
or approve the placement of a student in the classroom of a teacher who new text begin holds a Tier 1 or
Tier 2 license, new text end is in the improvement process referenced in paragraph (b), clause (12), or
has not had a summative evaluation if, in the prior year, that student was in the classroom
of a teacher who received discipline pursuant to paragraph (b), clause (13), unless no other
teacher at the school teaches that grade; and

(2) for students in grades 5 through 12, a school administrator must not place or approve
the placement of a student in the classroom of a teacher who new text begin holds a Tier 1 or Tier 2 license,
new text end is in the improvement process referenced in paragraph (b), clause (12), or has not had a
summative evaluation if, in the prior year, that student was in the classroom of a teacher
who new text begin held a Tier 1 or Tier 2 license, new text end received discipline pursuant to paragraph (b), clause
(13), unless no other teacher at the school teaches that subject area and grade.

All data created and used under this paragraph retains its classification under chapter 13.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2017 Supplement, section 122A.182, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-7137

122A.182 TIER 2 LICENSE.

Subd. 2.

Coursework.

(a) A candidate for a Tier 2 license must meet the coursework requirement by demonstrating completion of two of the following:

(1) at least eight upper division or graduate-level credits in the relevant content area;

(2) field-specific methods of training, including coursework;

(3) at least two years of teaching experience in a similar content area in any state, as determined by the board;

(4) a passing score on the pedagogy and content exams under section 122A.185; or

(5) completion of a state-approved teacher preparation program.

(b) For purposes of paragraph (a), "upper division" means classes normally taken at the junior or senior level of college which require substantial knowledge and skill in the field. Candidates must identify the upper division credits that fulfill the requirement in paragraph (a), clause (1).