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HF 3638

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/23/2026 04:47 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; modifying provisions for educator licensing and standards;
modifying rulemaking authority for paraprofessional credentials; providing for
additional data sharing agreements; modifying professional development
requirements for mental health; extending an appropriation; amending Minnesota
Statutes 2024, sections 120B.363, subdivisions 1, 2; 122A.09, subdivision 9;
122A.18, subdivision 8; 122A.182, subdivision 1; 122A.187, subdivision 6;
Minnesota Statutes 2025 Supplement, sections 122A.18, subdivision 1; 122A.181,
subdivision 3; 122A.182, subdivision 3; Laws 2024, chapter 115, article 10, section
5, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, section 120B.363, subdivision 1, is amended to read:


Subdivision 1.

Rulemaking.

The deleted text begin Professional Educator Licensing and Standards Boarddeleted text end new text begin
commissioner
new text end must adopt rules to implement a statewide credential for education
paraprofessionals who assist a licensed teacher in providing student instruction. Any
paraprofessional holding this credential or working in a local school district after meeting
a state-approved local assessment is considered to be highly qualified under federal law.
Under this subdivision, deleted text begin the Professional Educator Licensing and Standards Board, in
consultation with
deleted text end the commissionerdeleted text begin ,deleted text end must adopt qualitative criteria for approving local
assessments that include an evaluation of a paraprofessional's knowledge of reading, writing,
and math and the paraprofessional's ability to assist in the instruction of reading, writing,
and math. The commissioner must approve or disapprove local assessments using these
criteria. The commissioner must make the criteria available to the public.

Sec. 2.

Minnesota Statutes 2024, section 120B.363, subdivision 2, is amended to read:


Subd. 2.

Training possibilities.

In adopting rules under subdivision 1, the deleted text begin boarddeleted text end new text begin
commissioner
new text end must consider including provisions that provide training in: students'
characteristics; teaching and learning environment; academic instruction skills; student
behavior; and ethical practices.

Sec. 3.

Minnesota Statutes 2024, 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 deleted text begin 120B.363,deleted text end 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.19, 122A.20, 122A.21, 122A.23, 122A.26, 122A.28, 122A.29,
and 124D.72.

(b) The board must adopt rules relating to fields of licensure and grade levels that a
licensed teacher may teach, 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) 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.

(d) 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.

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

Sec. 4.

Minnesota Statutes 2025 Supplement, section 122A.18, subdivision 1, is amended
to read:


Subdivision 1.

Authority to license.

(a) The Professional Educator Licensing and
Standards Board must issue the following teacher licenses to applicants who meet the
qualifications prescribed by this chapter:

(1) Tier 1 license under section 122A.181;

(2) Tier 2 license under section 122A.182;

(3) Tier 3 license under section 122A.183; and

(4) Tier 4 license under section 122A.184.

(b) The Board of School Administrators must license supervisory personnel as defined
in section 122A.15, subdivision 2, except for athletic coaches.

(c) The Professional Educator Licensing and Standards Board and the Department of
Education must enter into a data sharing agreement to share:

(1) educational data at the E-12 level for the limited purpose of program approval and
improvement for teacher education programs. The program approval process must include
targeted redesign of teacher preparation programs to address identified E-12 student areas
of concern; and

(2) data in the staff automated reporting system for the limited purpose of managing and
processing funding to school districts and other entities. The board has authority to collect
and retain nonlicensed staff data on behalf of the Department of Education. The board must
share licensed and nonlicensed staff data with the department as outlined in the data sharing
agreement required under paragraph (d). The department may access and use the data as
required under federal or state law and for the purposes outlined in the data sharing
agreement.

(d) The Board of School Administrators and the Department of Education must enter
into a data sharing agreement to share educational data at the E-12 level for the limited
purpose of program approval and improvement for education administration programs. The
program approval process must include targeted redesign of education administration
preparation programs to address identified E-12 student areas of concern.

new text begin (e) The Professional Educator Licensing and Standards Board and the Board of School
Administrators must enter into a data sharing agreement to share data in the staff automated
reporting system for the limited purpose of managing and processing administrative licenses,
including overseeing ethics and compliance. The board must share licensed staff data with
the Board of School Administrators as outlined in the data sharing agreement. The Board
of School Administrators may access and use the data as required under federal or state law
and for the purposes outlined in the data sharing agreement.
new text end

deleted text begin (e)deleted text end new text begin (f)new text end For purposes of the data sharing agreements under paragraphs (c) deleted text begin and (d)deleted text end new text begin to (e)new text end ,
the Professional Educator Licensing and Standards Board, Board of School Administrators,
and Department of Education may share private data, as defined in section 13.02, subdivision
12
, on teachers and school administrators. The data sharing agreements must not include
educational data, as defined in section 13.32, subdivision 1, but may include summary data,
as defined in section 13.02, subdivision 19, derived from educational data.

Sec. 5.

Minnesota Statutes 2024, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background studies.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must initiate criminal history background
studies of all first-time applicants for educator and administrator licenses under their
jurisdiction. Applicants must include with their licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) payment to conduct the background study. The Professional Educator Licensing and
Standards Board must deposit payments received under this subdivision in an account in
the special revenue fund. Amounts in the account are annually appropriated to the
Professional Educator Licensing and Standards Board to pay for the costs of background
studies on applicants for licensure.new text begin Any unexpended amounts from annual appropriations
for background studies may be transferred to the general fund for the board's operations.
new text end

(b) The background study for all first-time applicants for educator licenses must include
a review of information from the Bureau of Criminal Apprehension, including criminal
history data as defined in section 13.87, and must also include a review of the national
criminal records repository. The superintendent of the Bureau of Criminal Apprehension
is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
of the criminal history check.

(c) The Professional Educator Licensing and Standards Board may initiate criminal
history background studies through the commissioner of human services according to section
245C.031 to obtain background study data required under this chapter.

Sec. 6.

Minnesota Statutes 2025 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) to (d).

(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;

(3) the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 8, within one year of the board approving the
request for the initial Tier 1 license; and

(4) the teacher holding the Tier 1 license met the mental deleted text begin illnessdeleted text end new text begin healthnew text end training renewal
requirement under section 122A.187, subdivision 6.

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. 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.

(d) Starting July 1, 2027, a Tier 1 licensed early childhood education teacher, elementary
education teacher, special education teacher who is responsible for teaching reading,
kindergarten through grade 12 English as a second language teacher, grade 4 through 12
classroom teacher responsible for foundational reading skills instruction, teacher who
provides instruction to students in a state-approved alternative program, or a teacher who
is responsible for selecting literacy curriculum materials for grades 6 through 12, must
demonstrate progress toward meeting the evidence-based literacy training requirements of
section 120B.123, subdivision 5a, for their second licensure renewal.

Sec. 7.

Minnesota Statutes 2024, section 122A.182, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

The Professional Educator Licensing and Standards
Board must approve an application for a Tier 2 license in a specified content area if:

(1) the application has been submitted jointly by the applicant and the district;

(2) the application has been paid for by the district or the applicant;

(3) the applicant holds a bachelor's degree, unless specifically exempt by statute or rule;

(4) the district demonstrates that a criminal background check under section 122A.18,
subdivision 8, has been completed for the applicant; and

(5) the applicant:

deleted text begin (i) has completed a state-approved teacher preparation program;
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; deleted text begin or
deleted text end

new text begin (ii) is enrolled in a Minnesota-approved teacher preparation program with equivalent
student teaching requirements; or
new text end

(iii) has a master's degree in the specified content area.

Sec. 8.

Minnesota Statutes 2025 Supplement, section 122A.182, 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 2 license for a term of two years. A Tier 2 license
may be renewed three times.

(b) 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
8
, and mental deleted text begin illnessdeleted text end new text begin healthnew text end training under section 122A.187, subdivision 6.

(c) Starting July 1, 2027, a Tier 2 licensed early childhood education teacher, elementary
education teacher, special education teacher who is responsible for teaching reading,
kindergarten through grade 12 English as a second language teacher, grade 4 through 12
classroom teacher responsible for foundational reading skills instruction, teacher who
provides instruction to students in a state-approved alternative program, or a teacher who
is responsible for selecting literacy curriculum materials for grades 6 through 12, must
demonstrate that they have made progress toward completing the evidence-based literacy
training requirements of section 120B.123, subdivision 5a, for the first renewal of their
initial license.

(d) The board must issue rules setting forth the conditions for additional renewals after
the initial license has been renewed three times.

Sec. 9.

Minnesota Statutes 2024, section 122A.187, subdivision 6, is amended to read:


Subd. 6.

Mental deleted text begin illnessdeleted text end new text begin healthnew text end .

The Professional Educator Licensing and Standards
Board must adopt rules that require all licensed teachers renewing a teaching license under
sections 122A.181 to 122A.184 to include in the renewal requirements deleted text begin at least one hour of
suicide prevention best practices training
deleted text end new text begin focused professional development of at least five
hours in student mental health and wellness
new text end in each licensure renewal period based on
nationally recognized evidence-based programs and practices, among the continuing
education credits required to renew a license under this subdivision. Initial training must
include understanding the key warning signs new text begin and characteristics new text end of early-onset mental illness
in children and adolescents, deleted text begin anddeleted text end new text begin including how to address mental health concerns where a
child may pose a threat to themselves or others.
new text end During subsequent licensure renewal periods,
training must include a more in-depth understanding of students' mental illness trauma,
accommodations for students' mental illness, parents' roles in addressing students' mental
illness, Fetal Alcohol Spectrum Disorders, new text begin suicide prevention, new text end autism, the requirements of
section 125A.0942 governing restrictive procedures, and de-escalation methods, among
other similar topics.new text begin This subdivision does not allow or require teachers to diagnose or create
treatment plans for mental illness.
new text end

Sec. 10.

Laws 2024, chapter 115, article 10, section 5, subdivision 2, is amended to read:


Subd. 2.

Information technology costs.

(a) For information technology costs of the
Professional Educator Licensing and Standards Board:

$
2,767,000
.....
2025

(b) This is a onetime appropriation and is available until June 30, deleted text begin 2027deleted text end new text begin 2029new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end