Minnesota Legislature
HF 3166
as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 11:36am
Bill Text Versions
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| Introduction | Posted on 03/16/2016 |
Current Version - as introduced
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A bill for an act
relating to education finance; creating an educator licensure account in the special
revenue fund; clarifying duties; appropriating money; amending Minnesota
Statutes 2014, sections 122A.14, subdivision 9; 122A.18, subdivisions 7c, 8;
122A.21, subdivision 1, by adding a subdivision; Minnesota Statutes 2015
Supplement, section 122A.21, subdivision 2; Laws 2015, First Special Session
chapter 3, article 12, section 4; proposing coding for new law in Minnesota
Statutes, chapter 122A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 122A.14, subdivision 9, is amended to read:
Subd. 9.
Fee.
Each person licensed by the Board of School Administrators shall pay
the board a fee of $75, collected each fiscal year. When transmitting notice of the license
fee, the board also must notify the licensee of the penalty for failing to pay the fee within
the time specified by the board. The board may provide a lower fee for persons on retired
or inactive status. After receiving notice from the board, any licensed school administrator
who does not pay the fee in the given fiscal year shall have all administrative licenses held
by the person automatically suspended, without the right to a hearing, until the fee has been
paid to the board. If the board suspends a licensed school administrator for failing to pay
the fee, it must immediately notify the district currently employing the school administrator
of the school administrator's suspension. The executive secretary shall deposit the fees in
thenew text begin educator licensure account in the special revenue fund in thenew text end state treasury.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 2.
Minnesota Statutes 2014, section 122A.18, subdivision 7c, is amended to read:
Subd. 7c.
Temporary military license.
The Board of Teaching shall establish
a temporary license in accordance with section 197.4552 for teaching. The fee for a
temporary license under this subdivision shall be $87.90 for an online application or
$86.40 for a paper application.new text begin The board must deposit the fees received from applicants
in the educator licensure account in the special revenue fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 3.
Minnesota Statutes 2014, section 122A.18, subdivision 8, is amended to read:
Subd. 8.
Background checks.
(a) The Board of Teaching and the commissioner
of education must request a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension on all applicants for initial licenses under their
jurisdiction. An application for a license under this section must be accompanied by:
(1) an executed criminal history consent form, including fingerprints; and
(2) deleted text begin a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conductingdeleted text end new text begin payment to conductnew text end the criminal history background check. new text begin The
Board of Teaching and the commissioner of education must deposit payments received
under this subdivision in the educator licensure background check account in the special
revenue fund.
new text end
(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as
defined in section 13.87 and shall also conduct a search of the national criminal records
repository. The superintendent is authorized to exchange fingerprints with the Federal
Bureau of Investigation for purposes of the criminal history check. The superintendent
shall recover the cost to the bureau of a background check through the fee charged to
the applicant under paragraph (a).
(c) The Board of Teaching or the commissioner of education may issue a license
pending completion of a background check under this subdivision, but must notify
the individual that the individual's license may be revoked based on the result of the
background check.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 4.
new text begin
[122A.185] SPECIAL REVENUE FUND ACCOUNTS; EDUCATOR
LICENSURE AND BACKGROUND CHECKS.
new text end
new text begin Subdivision 1. new text end
new text begin Educator licensure account. new text end
new text begin
An educator licensure account is
created in the special revenue fund. Applicant licensure fees received by the Department
of Education, the Board of Teaching, or the Board of School Administrators must be
deposited in the educator licensure account. Any funds appropriated from this account
that remain unexpended at the end of the biennium cancel to the educator licensure
account in the special revenue fund.
new text end
new text begin Subd. 2. new text end
new text begin Background check account. new text end
new text begin
An educator licensure background check
account is created in the special revenue fund. The Department of Education, the Board of
Teaching, and the Board of School Administrators must deposit all payments submitted by
license applicants for criminal background checks conducted by the Bureau of Criminal
Apprehension in the educator licensure background check account. Amounts in the
account are annually appropriated to the commissioner of education for payment to the
superintendent of the Bureau of Criminal Apprehension for the costs of background
checks on applicants for licensure.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 5.
Minnesota Statutes 2014, section 122A.21, subdivision 1, is amended to read:
Subdivision 1.
Licensure applications.
Each new text begin applicant submitting an new text end application
deleted text begin for the issuance, renewal, or extension ofdeleted text end new text begin to the Board of Teaching to issue, renew, or
extendnew text end a new text begin teaching new text end license deleted text begin to teachdeleted text end , including applications for licensure via portfolio under
subdivision 2, must deleted text begin be accompanied bydeleted text end new text begin includenew text end a processing fee of $57. deleted text begin Each application
for issuing, renewing, or extending the license of a school administrator or supervisor
must be accompanied by a processing fee in the amount set by the Board of Teaching.deleted text end The
processing fee for a teacher's license and for the licenses of supervisory personnel must
be paid to the executive secretary of the appropriate boardnew text begin and deposited in the educator
licensure account in the special revenue fundnew text end . deleted text begin The executive secretary of the board shall
deposit the fees with the commissioner of management and budget.deleted text end The fees as set by the
board are nonrefundable for applicants not qualifying for a license. However, deleted text begin a fee must
be refunded bydeleted text end the commissioner of management and budget new text begin must refund a fee new text end in any
case in which the applicant already holds a valid unexpired license. The board may waive
or reduce fees for applicants who apply at the same time for more than one license.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 6.
Minnesota Statutes 2015 Supplement, section 122A.21, subdivision 2, is
amended to read:
Subd. 2.
Licensure via portfolio.
(a) An eligible candidate may use licensure via
portfolio to obtain an initial licensure or to add a licensure field, consistent with applicable
Board of Teaching licensure rules.
(b) A candidate for initial licensure must submit to the Educator Licensing Division
at the department one portfolio demonstrating pedagogical competence and one portfolio
demonstrating content competence.
(c) A candidate seeking to add a licensure field must submit to the Educator
Licensing Division at the department one portfolio demonstrating content competence.
(d) The Board of Teaching must notify a candidate who submits a portfolio under
paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not
the portfolio was approved. If the portfolio was not approved, the board must immediately
inform the candidate how to revise the portfolio to successfully demonstrate the requisite
competence. The candidate may resubmit a revised portfolio at any time and the Educator
Licensing Division at the department must approve or disapprove the portfolio within
60 calendar days of receiving it.
(e) A candidate must pay to the executive secretary of the Board of Teaching a $300
fee for the first portfolio submitted for review and a $200 fee for any portfolio submitted
subsequently. The new text begin candidate must pay the new text end fees deleted text begin must be paiddeleted text end to the executive secretary
of the Board of Teaching. The deleted text begin revenue generated fromdeleted text end new text begin Board of Teaching executive
secretary must depositnew text end the fee deleted text begin must be depositeddeleted text end in deleted text begin an educationdeleted text end new text begin the educatornew text end licensure
deleted text begin portfoliodeleted text end account in the special revenue fund. The fees set by the Board of Teaching are
nonrefundable for applicants not qualifying for a license. The Board of Teaching may
waive or reduce fees for candidates based on financial need.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 7.
Minnesota Statutes 2014, section 122A.21, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Annual appropriations. new text end
new text begin
The amounts collected under subdivision 2
and deposited in the educator licensure account in the special revenue fund are annually
appropriated to the Board of Teaching.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 8.
Laws 2015, First Special Session chapter 3, article 12, section 4, is amended to
read:
Sec. 4. APPROPRIATIONS; DEPARTMENT OF EDUCATION.
Subdivision 1.
Department of Education.
Unless otherwise indicated, the sums
indicated in this section are appropriated from the general fund to the Department of
Education for the fiscal years designated.
Subd. 2.
Department.
(a) For the Department of Education:
| $ |
21,246,000 |
..... |
2016 |
|
| $ |
deleted text begin
21,973,000 deleted text end new text begin 21,024,000 new text end |
..... |
2017 |
Of these amounts:
(1) $718,000 deleted text begin eachdeleted text end new text begin in fiscalnew text end year new text begin 2016 new text end is for the Board of Teaching;
(2) $228,000 in fiscal year 2016 deleted text begin and $231,000 in fiscal year 2017 aredeleted text end new text begin isnew text end for the
Board of School Administrators;
(3) $1,000,000 each year is for Regional Centers of Excellence under Minnesota
Statutes, section 120B.115;
(4) $500,000 each year is for the School Safety Technical Assistance Center under
Minnesota Statutes, section 127A.052;
(5) $250,000 each year is for the School Finance Division to enhance financial
data analysis; and
(6) $441,000 in fiscal year 2016 and $720,000 in fiscal year 2017 is for implementing
Laws 2014, chapter 272, article 1, Minnesota's Learning for English Academic Proficiency
and Success Act, as amended.
(b)new text begin Any estimated balance in the educator licensure account in the special revenue
fund for fiscal year 2017 is appropriated to the commissioner of education for teacher
licensure activities and the department's general fund appropriation must be reduced
by the same amount.
new text end
new text begin (c)new text end Any balance in the first year does not cancel but is available in the second year.
deleted text begin (c)deleted text end new text begin (d)new text end None of the amounts appropriated under this subdivision may be used for
Minnesota's Washington, D.C. office.
deleted text begin (d)deleted text end new text begin (e)new text end The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.
deleted text begin (e)deleted text end new text begin (f)new text end This appropriation includes funds for information technology project services
and support subject to the provisions of Minnesota Statutes, section 16E.0466. Any
ongoing information technology costs will be incorporated into the service level agreement
and will be paid to the Office of MN.IT Services by the Department of Education under
the rates and mechanism specified in that agreement.
deleted text begin (f)deleted text end new text begin (g)new text end The agency's base budget in fiscal year 2018 is deleted text begin $21,973,000deleted text end new text begin $21,024,000new text end .
The agency's base budget in fiscal year 2019 is deleted text begin $21,948,000deleted text end new text begin $20,999,000new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end
Sec. 9. new text begin TRANSFERS.
new text end
new text begin Subdivision 1. new text end
new text begin Portfolio account. new text end
new text begin
On July 1, 2016, the commissioner of management
and budget shall transfer any balances in the educator licensure portfolio account in the
special revenue fund to the educator licensure account in the special revenue fund.
new text end
new text begin Subd. 2. new text end
new text begin Background check. new text end
new text begin
Any balance in an account that holds fees collected
under Minnesota Statutes, section 122A.18, subdivision 8, is transferred to the education
licensure background check account in the special revenue fund under Minnesota Statutes,
section 122A.185, subdivision 2. On July 2, 2016, $80,000 is transferred from the
education licensure background check account in the special revenue fund to the educator
licensure account in the special revenue fund.
new text end
Sec. 10. new text begin APPROPRIATION; BOARD OF TEACHING.
new text end
new text begin
$718,000 in fiscal year 2017 is appropriated from the educator licensure account in
the special revenue fund to the Board of Teaching.
new text end
Sec. 11. new text begin APPROPRIATION; BOARD OF SCHOOL ADMINISTRATORS.
new text end
new text begin
$231,000 in fiscal year 2017 is appropriated from the educator licensure account in
the special revenue fund to the Board of School Administrators.
new text end