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HF 31

as introduced - 91st Legislature, 2020 5th Special Session (2020 - 2020) Posted on 10/12/2020 11:48am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; modifying teacher licensing, hiring, and dismissal; amending
Minnesota Statutes 2018, sections 122A.181, subdivisions 1, 3, as amended;
122A.40, subdivision 3; 122A.41, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 122A.181, subdivision 1, is amended to read:


Subdivision 1.

Application requirements.

new text begin(a) new text endThe Professional Educator Licensing and
Standards Board must approve a request from a district or charter school to issue a Tier 1
license in a specified content area to a candidate if:

(1) the candidate meets the professional requirement in subdivision 2;

(2) the district or charter school affirms that the candidate has the necessary skills and
knowledge to teach in the specified content area; and

(3) the district or charter school demonstrates that:

(i) a criminal background check under section 122A.18, subdivision 8, has been completed
on the candidate; and

(ii) the district or charter school has posted the teacher position but was unable to hire
an acceptable teacher with a Tier 2, 3, or 4 license for the position.

new text begin (b) If a district or charter school employs a teacher with a Tier 1 license, the Professional
Educator Licensing and Standards Board must renew the license only if the conditions in
paragraph (a), clauses (1) and (2), as well as clause (3), item (i), are satisfied.
new 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

Sec. 2.

Minnesota Statutes 2018, section 122A.181, subdivision 3, as amended by Laws
2020, First Special Session chapter 8, article 2, section 2, 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:

deleted text begin (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;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end 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;

deleted text begin (3)deleted text endnew text begin (2)new text end 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; and

deleted text begin (4)deleted text endnew text begin (3)new text end the teacher holding the Tier 1 license met the mental illness 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2018, section 122A.40, subdivision 3, is amended to read:


Subd. 3.

Hiring, dismissing.

new text begin(a) new text endSchool boards must hire or dismiss teachers at duly
called meetings. Where a husband and wife, brother and sister, or two brothers or sisters,
constitute a quorum, no contract employing a teacher shall be made or authorized except
upon the unanimous vote of the full board. A teacher related by blood or marriage, within
the fourth degree, computed by the civil law, to a board member shall not be employed
except by a unanimous vote of the full board. The initial employment of the teacher in the
district must be by written contract, signed by the teacher and by the chair and clerk. All
subsequent employment of the teacher in the district must be by written contract, signed by
the teacher and by the chair and clerk, except where there is a master agreement covering
the employment of the teacher. Contracts for teaching or supervision of teaching can be
made only with qualified teachers. A teacher shall not be required to reside within the
employing district as a condition to teaching employment or continued teaching employment.

new text begin (b) A school district must not give preference in the hiring or dismissal of a teacher
based on the teacher's seniority except in making decisions between or among otherwise
equally qualified and rated teachers.
new text end

new text begin (c) A school district must report all new hires and terminations, including layoffs, by
race and ethnicity annually to the Department of Education. The report must not include
data that would personally identify individuals.
new 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

Sec. 4.

Minnesota Statutes 2018, section 122A.41, is amended by adding a subdivision to
read:


new text begin Subd. 16. new text end

new text begin Hiring and dismissal. new text end

new text begin (a) A school district must not give preference in the
hiring or dismissal of a teacher based on the teacher's seniority except in making decisions
between or among otherwise equally qualified and rated teachers.
new text end

new text begin (b) A school district must report all new hires and terminations, including layoffs, by
race and ethnicity annually to the Department of Education. The report must not include
data that would personally identify individuals.
new 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