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Office of the Revisor of Statutes

SF 40

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 02/14/2011 03:25 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act 1.2relating to education; amending teacher licensure provisions; establishing 1.3an alternative teacher preparation program and limited-term teacher license; 1.4requiring reports;amending Minnesota Statutes 2010, sections 122A.09, 1.5subdivision 4; 122A.16; 122A.23, subdivision 1; proposing coding for new 1.6law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 2010, 1.7section 122A.24. 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9    Section 1. Minnesota Statutes 2010, section 122A.09, subdivision 4, is amended to 1.10read: 1.11    Subd. 4. License and rules. (a) The board must adopt rules to license public school 1.12teachers and interns subject to chapter 14. 1.13(b) The board must adopt rules requiring a person to successfully complete a skills 1.14examination in reading, writing, and mathematics as a requirement for initial teacher 1.15licensure. Such rules must require college and universities offering a board-approved 1.16teacher preparation program to provide remedial assistance to persons who did not 1.17achieve a qualifying score on the skills examination, including those for whom English is 1.18a second language. 1.19(c) The board must adopt rules to approve teacher preparation programs. The board, 1.20upon the request of a postsecondary student preparing for teacher licensure or a licensed 1.21graduate of a teacher preparation program, shall assist in resolving a dispute between the 1.22person and a postsecondary institution providing a teacher preparation program when the 1.23dispute involves an institution's recommendation for licensure affecting the person or the 1.24person's credentials. At the board's discretion, assistance may include the application 1.25of chapter 14. 2.1(d) The board must provide the leadership and shall adopt rules for the redesign of 2.2teacher education programs to implement a research based, results-oriented curriculum that 2.3focuses on the skills teachers need in order to be effective. The board shall implement new 2.4systems of teacher preparation program evaluation to assure program effectiveness based 2.5on proficiency of graduates in demonstrating attainment of program outcomes.new text begin Teacher new text end 2.6new text begin preparation programs including alternative teacher preparation programs under section new text end 2.7new text begin 122A.245, among other programs, must include a board-approved performance-based new text end 2.8new text begin assessment that measures teacher candidates in three areas: planning for instruction and new text end 2.9new text begin assessment; engaging students and supporting learning; and assessing student learning.new text end 2.10(e) The board must adopt rules requiring candidates for initial licenses to successfully 2.11complete an examination of general pedagogical knowledge and examinations of 2.12licensure-specific teaching skills. The rules shall be effective by September 1, 2001. 2.13The rules under this paragraph also must require candidates for initial licenses to teach 2.14prekindergarten or elementary students to successfully complete, as part of the examination 2.15of licensure-specific teaching skills, test items assessing the candidates' knowledge, 2.16skill, and ability in comprehensive, scientifically based reading instruction under section 2.17122A.06 , subdivision 4, and their knowledge and understanding of the foundations of 2.18reading development, the development of reading comprehension, and reading assessment 2.19and instruction, and their ability to integrate that knowledge and understanding. 2.20(f) The board must adopt rules requiring teacher educators to work directly with 2.21elementary or secondary school teachers in elementary or secondary schools to obtain 2.22periodic exposure to the elementary or secondary teaching environment. 2.23(g) The board must grant licenses to interns and to candidates for initial licenses. 2.24(h) The board must design and implement an assessment system which requires a 2.25candidate for an initial license and first continuing license to demonstrate the abilities 2.26necessary to perform selected, representative teaching tasks at appropriate levels. 2.27(i) The board must receive recommendations from local committees as established 2.28by the board for the renewal of teaching licenses. 2.29(j) The board must grant life licenses to those who qualify according to requirements 2.30established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 2.31214.10 . The board must not establish any expiration date for application for life licenses. 2.32(k) The board must adopt rules that require all licensed teachers who are renewing 2.33their continuing license to include in their renewal requirements further preparation in 2.34the areas of using positive behavior interventions and in accommodating, modifying, and 2.35adapting curricula, materials, and strategies to appropriately meet the needs of individual 2.36students and ensure adequate progress toward the state's graduation rule. 3.1(l) In adopting rules to license public school teachers who provide health-related 3.2services for disabled children, the board shall adopt rules consistent with license or 3.3registration requirements of the commissioner of health and the health-related boards who 3.4license personnel who perform similar services outside of the school. 3.5(m) The board must adopt rules that require all licensed teachers who are renewing 3.6their continuing license to include in their renewal requirements further reading 3.7preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 3.8until they are approved by law. Teachers who do not provide direct instruction including, at 3.9least, counselors, school psychologists, school nurses, school social workers, audiovisual 3.10directors and coordinators, and recreation personnel are exempt from this section. 3.11(n) The board must adopt rules that require all licensed teachers who are renewing 3.12their continuing license to include in their renewal requirements further preparation 3.13in understanding the key warning signs of early-onset mental illness in children and 3.14adolescents. 3.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective immediately and applies to new text end 3.16new text begin individuals who complete a teacher preparation program by the end of the 2013-2014 new text end 3.17new text begin school year or later.new text end 3.18    Sec. 2. Minnesota Statutes 2010, section 122A.16, is amended to read: 3.19122A.16 HIGHLY QUALIFIED TEACHER DEFINED. 3.20(a) A qualified teacher is one holding a valid license, under this chapter, to perform 3.21the particular service for which the teacher is employed in a public school. 3.22(b) For the purposes of the federal No Child Left Behind Act, a highly qualified 3.23teacher is one who holds a valid license under this chapternew text begin , including under section new text end 3.24new text begin 122A.245, among other sections,new text end to perform the particular service for which the teacher is 3.25employed in a public school or who meets the requirements of a highly objective uniform 3.26state standard of evaluation (HOUSSE). 3.27All Minnesota teachers teaching in a core academic subject area, as defined by the 3.28federal No Child Left Behind Act, in which they are not fully licensed may complete the 3.29following HOUSSE process in the core subject area for which the teacher is requesting 3.30highly qualified status by completing an application, in the form and manner described by 3.31the commissioner, that includes: 3.32(1) documentation of student achievement as evidenced by norm-referenced test 3.33results that are objective and psychometrically valid and reliable; 4.1(2) evidence of local, state, or national activities, recognition, or awards for 4.2professional contribution to achievement; 4.3(3) description of teaching experience in the teachers' core subject area in a public 4.4school under a waiver, variance, limited license or other exception; nonpublic school; and 4.5postsecondary institution; 4.6(4) test results from the Praxis II content test; 4.7(5) evidence of advanced certification from the National Board for Professional 4.8Teaching Standards; 4.9(6) evidence of the successful completion of course work or pedagogy courses; and 4.10(7) evidence of the successful completion of high quality professional development 4.11activities. 4.12Districts must assign a school administrator to serve as a HOUSSE reviewer to 4.13meet with teachers under this paragraph and, where appropriate, certify the teachers' 4.14applications. Teachers satisfy the definition of highly qualified when the teachers receive 4.15at least 100 of the total number of points used to measure the teachers' content expertise 4.16under clauses (1) to (7). Teachers may acquire up to 50 points only in any one clause (1) 4.17to (7). Teachers may use the HOUSSE process to satisfy the definition of highly qualified 4.18for more than one subject area. 4.19(c) Achievement of the HOUSSE criteria is not equivalent to a license. A teacher 4.20must obtain permission from the Board of Teaching in order to teach in a public school. 4.21    Sec. 3. Minnesota Statutes 2010, section 122A.23, subdivision 1, is amended to read: 4.22    Subdivision 1. Preparation equivalency. When a license to teach is authorized to 4.23be issued to any holder of a diploma or a degree of a Minnesota state university, or of the 4.24University of Minnesota, or of a liberal arts university, or a technical training institution, 4.25such license may also, in the discretion of the Board of Teaching or the commissioner of 4.26education, whichever has jurisdiction, be issued to any holder of a diploma or a degree 4.27of a teacher training institution of equivalent rank and standing of any other state. The 4.28diploma or degree must be granted by virtue of the completion ofnew text begin completingnew text end a course in 4.29teacher preparation essentially equivalent in content to that required by such Minnesota 4.30state university or the University of Minnesota or a liberal arts university in Minnesota 4.31or a technical training institution as preliminary to the granting of a diploma or a degree 4.32of the same rank and class.new text begin For purposes of granting a Minnesota teaching license to a new text end 4.33new text begin person who receives a diploma or degree from a state-accredited, out-of-state teacher new text end 4.34new text begin training program leading to licensure, the Board of Teaching must establish criteria and new text end 4.35new text begin streamlined procedures to recognize the experience and professional credentials of the new text end 5.1new text begin person holding the out-of-state diploma or degree and allow that person to demonstrate to new text end 5.2new text begin the board his or her qualifications for receiving a Minnesota teaching license based on new text end 5.3new text begin performance measures the board adopts under this section.new text end 5.4    Sec. 4. new text begin [122A.245] ALTERNATIVE TEACHER PREPARATION PROGRAM new text end 5.5new text begin AND LIMITED-TERM TEACHER LICENSE.new text end 5.6    new text begin Subdivision 1.new text end new text begin Requirements.new text end new text begin (a) To improve academic excellence, improve ethnic new text end 5.7new text begin and cultural diversity in the classroom, and close the academic achievement gap, the new text end 5.8new text begin Board of Teaching must approve qualified teacher preparation programs under this section new text end 5.9new text begin that are a means to acquire a two-year limited-term license, which the board may renew new text end 5.10new text begin one time for an additional one-year term, and to prepare for acquiring a standard license. new text end 5.11new text begin The following entities are eligible to participate under this section:new text end 5.12new text begin (1) a school district or charter school that forms a partnership with a college or new text end 5.13new text begin university that has a board-approved alternative teacher preparation program; ornew text end 5.14new text begin (2) a school district or charter school, after consulting with a college or university new text end 5.15new text begin with a board-approved teacher preparation program, forms a partnership with a nonprofit new text end 5.16new text begin corporation organized under chapter 317A for an education-related purpose that has a new text end 5.17new text begin board-approved teacher preparation program.new text end 5.18new text begin (b) Before participating in this program, a candidate must:new text end 5.19new text begin (1) have a bachelor's degree with a 3.0 or higher grade point average unless the new text end 5.20new text begin board waives the grade point average requirement based on board-adopted criteria;new text end 5.21new text begin (2) pass the reading, writing, and mathematics skills examination under section new text end 5.22new text begin 122A.09, subdivision 4, paragraph (b); andnew text end 5.23new text begin (3) obtain qualifying scores on applicable board-approved content area and new text end 5.24new text begin pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).new text end 5.25new text begin (c) The Board of Teaching must issue a two-year limited-term license to a person new text end 5.26new text begin who enrolls in an alternative teacher preparation program.new text end 5.27    new text begin Subd. 2.new text end new text begin Characteristics.new text end new text begin An alternative teacher preparation program under this new text end 5.28new text begin section must include:new text end 5.29new text begin (1) a minimum 200-hour instructional phase that provides intensive preparation new text end 5.30new text begin before the teacher candidate assumes classroom responsibilities;new text end 5.31new text begin (2) a research-based and results-oriented approach focused on best teaching practices new text end 5.32new text begin to increase student proficiency and growth measured against state academic standards;new text end 5.33new text begin (3) strategies to combine pedagogy and best teaching practices to better inform new text end 5.34new text begin teacher candidates' classroom instruction;new text end 6.1new text begin (4) assessment, supervision, and evaluation of teacher candidates to determine new text end 6.2new text begin their specific needs throughout the program and to support their efforts to successfully new text end 6.3new text begin complete the program;new text end 6.4new text begin (5) intensive, ongoing, and multiyear professional learning opportunities that new text end 6.5new text begin accelerate teacher candidates' professional growth, support student learning, and provide a new text end 6.6new text begin workplace orientation, professional staff development, and mentoring and peer review new text end 6.7new text begin focused on standards of professional practice and continuous professional growth; andnew text end 6.8new text begin (6) a requirement that teacher candidates demonstrate to the local site team under new text end 6.9new text begin subdivision 5 their satisfactory progress toward acquiring a standard license from the new text end 6.10new text begin Board of Teaching.new text end 6.11    new text begin Subd. 3.new text end new text begin Program approval.new text end new text begin The Board of Teaching must approve alternative new text end 6.12new text begin teacher preparation programs under this section based on board-adopted criteria that new text end 6.13new text begin reflect best practices for alternative teacher preparation programs, consistent with this new text end 6.14new text begin section. The board must permit teacher candidates to demonstrate mastery of pedagogy new text end 6.15new text begin and content standards in school-based settings and through other nontraditional means.new text end 6.16    new text begin Subd. 4.new text end new text begin Employment conditions.new text end new text begin Where applicable, teacher candidates with a new text end 6.17new text begin limited-term license under this section are members of the local employee organization new text end 6.18new text begin representing teachers and subject to the terms of the local collective bargaining agreement new text end 6.19new text begin between the exclusive representative of the teachers and the school board. A collective new text end 6.20new text begin bargaining agreement between a school board and the exclusive representative of the new text end 6.21new text begin teachers must not prevent or restrict or otherwise interfere with a school district's ability to new text end 6.22new text begin employ a teacher prepared under this section.new text end 6.23    new text begin Subd. 5.new text end new text begin Approval for standard license.new text end new text begin A school board or its designee must new text end 6.24new text begin appoint members to a local site team that includes teachers, school administrators, new text end 6.25new text begin and postsecondary faculty under subdivision 1, paragraph (a), clause (1), or staff of a new text end 6.26new text begin participating nonprofit corporation under subdivision 1, paragraph (a), clause (2), to new text end 6.27new text begin evaluate the performance of the teacher candidate. The evaluation must be consistent with new text end 6.28new text begin board-adopted performance measures, use the Minnesota state standards of effective new text end 6.29new text begin practice and subject matter content standards for teachers established in rule, and include new text end 6.30new text begin a report to the board recommending whether or not to issue the teacher candidate a new text end 6.31new text begin standard license.new text end 6.32    new text begin Subd. 6.new text end new text begin Applicants trained in other states.new text end new text begin A person who successfully completes new text end 6.33new text begin another state's alternative teacher preparation program, consistent with section 122A.23, new text end 6.34new text begin subdivision 1, may apply to the Board of Teaching for a standard license under subdivision new text end 6.35new text begin 7.new text end 7.1    new text begin Subd. 7.new text end new text begin Standard license.new text end new text begin The Board of Teaching must issue a standard license new text end 7.2new text begin to an otherwise qualified teacher candidate under this section who successfully performs new text end 7.3new text begin throughout a program under this section, successfully completes all required skills, new text end 7.4new text begin pedagogy, and content area examinations under section 122A.09, subdivision 4, paragraphs new text end 7.5new text begin (a) and (e), and is recommended for licensure under subdivision 5 or successfully new text end 7.6new text begin demonstrates to the board his or her qualifications for licensure under subdivision 6.new text end 7.7    new text begin Subd. 8.new text end new text begin Highly qualified teacher.new text end new text begin A person holding a valid limited-term license new text end 7.8new text begin under this section is a highly qualified teacher and the teacher of record under section new text end 7.9new text begin 122A.16.new text end 7.10    new text begin Subd. 9.new text end new text begin Reports.new text end new text begin The Board of Teaching must submit an interim report on the new text end 7.11new text begin efficacy of this program to the policy and finance committees of the legislature with new text end 7.12new text begin jurisdiction over kindergarten through grade 12 education by February 15, 2013, and a new text end 7.13new text begin final report by February 15, 2015.new text end 7.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2011-2012 school year and new text end 7.15new text begin later.new text end 7.16    Sec. 5. new text begin REPEALER.new text end 7.17new text begin Minnesota Statutes 2010, section 122A.24,new text end new text begin is repealed.new text end 7.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2011.new text end