2001 Minnesota Statutes

     124D.75 Licenses for American Indian language and 
  culture education teachers; exemptions. 

    Subdivision 1.    American Indian language and culture 
 education licenses.  The board of teaching must grant initial 
 and continuing teaching licenses in American Indian language and 
 culture education that bear the same duration as other initial 
 and continuing licenses.  The board must grant licenses to 
 persons who present satisfactory evidence that they: 

    (1) possess competence in an American Indian language or 
 possess unique qualifications relative to or knowledge and 
 understanding of American Indian history and culture; or 

    (2) possess a bachelor's degree or other academic degree 
 approved by the board or meet such requirements as to course of 
 study and training as the board may prescribe, or possess such 
 relevant experience as the board may prescribe. 

    This evidence may be presented by affidavits, resolutions, 
 or by such other methods as the board may prescribe.  
 Individuals may present applications for licensure on their own 
 behalf or these applications may be submitted by the 
 superintendent or other authorized official of a school 
 district, participating school, or an American Indian school.  

    Subd. 2.    Persons holding general teaching licenses.  
 A person holding a general teaching license who presents the 
 board with satisfactory evidence of competence in an American 
 Indian language, or knowledge and understanding of American 
 Indian history and culture may be licensed under this section. 

    Subd. 3.    Resolution or letter.  All persons applying 
 for a license under this section must submit to the board a 
 resolution or letter of support signed by an American Indian 
 tribal government or its designee.  All persons holding a 
 license under this section on July 1, 1995, must have on file or 
 file with the board a resolution or letter of support signed by 
 a tribal government or its designee by January 1, 1996, or the 
 next renewal date of the license thereafter. 

    Subd. 4.    Employment of teachers.  Teachers employed 
 in an American Indian language and culture education program 
 pursuant to sections 124D.71 to 124D.82 shall not be employed to 
 replace any presently employed teacher who otherwise would not 
 be replaced. 

    Subd. 5.    Teacher preparation programs.  For the 
 purpose of licensing American Indian language and culture 
 education teachers, the board may approve programs at colleges 
 or universities designed for their training subject to the 
 approval of the commissioner of children, families, and learning.

    Subd. 6.    Persons eligible for employment; exemptions. 
  Any person licensed under this section shall be eligible for 
 employment by a school board or a participating school as a 
 teacher in an American Indian education program in which the 
 American Indian language or culture in which the person is 
 licensed is taught.  A school district or participating school 
 may prescribe only those additional qualifications for teachers 
 licensed under this section as are approved by the board of 
 teaching.  Any school board or participating school upon request 
 may be exempted from the licensure requirements of this section 
 in the hiring of one or more American Indian language and 
 culture education teachers for any school year in which 
 compliance would, in the opinion of the commissioner, create a 
 hardship in the securing of the teachers. 

    Subd. 7.    Persons serving under exemptions; licensure; 
 tenure.  An American Indian language and culture education 
 teacher serving under an exemption as provided in subdivision 6 
 shall be granted a license as soon as that teacher achieves the 
 qualifications for the license.  Not more than one year of 
 service by an American Indian language and culture education 
 teacher under an exemption shall be credited to the teacher for 
 the purposes of section 122A.40 and not more than two years 
 shall be credited for the purposes of section 122A.41; and the 
 one or two years shall be deemed to precede immediately and be 
 consecutive with the year in which a teacher becomes licensed.  

    Subd. 8.    Compensation.  A teacher holding a license 
 or exemption under this section shall be compensated according 
 to a schedule which is at least equivalent to that applicable to 
 teachers holding general licenses. 

    Subd. 9.    Affirmative efforts in hiring.  In hiring 
 for all positions in these programs, school districts and 
 participating schools shall give preference to and make 
 affirmative efforts to seek, recruit, and employ persons who 
 share the culture of the American Indian children who are 
 enrolled in the program.  The district or participating school 
 shall provide procedures for the involvement of the parent 
 advisory committees in designing the procedures for the 
 recruitment, screening and selection of applicants.  This 
 subdivision shall not be construed to limit the school board's 
 authority to hire and discharge personnel. 

    HIST: 1977 c 312 s 5; 1986 c 444; 1988 c 718 art 3 s 8; 
 1Sp1995 c 3 art 3 s 9; art 16 s 13; 1998 c 397 art 2 s 
 143-146,164; art 11 s 3; 1998 c 398 art 5 s 55; 1Sp2001 c 6 art 
 2 s 39