HF 589

as introduced - 89th Legislature (2015 - 2016) Posted on 02/12/2015 04:51pm

A bill for an act
relating to education; amending alternative teacher licensure; allowing for
teacher license reciprocity; amending Minnesota Statutes 2014, sections
122A.09, subdivision 4; 122A.18, subdivision 2; 122A.21, subdivision 2;
122A.23; 122A.245, subdivisions 1, 3, 7.

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

Section 1.

Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:

Subd. 4.

License and rules.

(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a person to pass a skills examination in
reading, writing, and mathematics or attain either a composite score composed of the
average of the scores in English and writing, reading, and mathematics on the ACT
Plus Writing recommended by the board, or an equivalent composite score composed
of the average of the scores in critical reading, mathematics, and writing on the SAT
recommended by the board, as a requirement for initial teacher licensure, except that the
board may issue up to two temporary, one-year teaching licenses to an otherwise qualified
candidate who has not yet passed the skills exam or attained the requisite composite score
on the ACT Plus Writing or SAT. Such rules must require college and universities offering
a board-approved teacher preparation program to provide remedial assistance to persons
who did not achieve a qualifying score on the skills examination or attain the requisite
composite score on the ACT Plus Writing or SAT, including those for whom English is
a second language. The requirement to pass a reading, writing, and mathematics skills
examination or attain the requisite composite score on the ACT Plus Writing or SAT does
not apply to nonnative English speakers, as verified by qualified Minnesota school district
personnel or Minnesota higher education faculty, who, after meeting the content and
pedagogy requirements under this subdivision, apply for a teaching license to provide direct
instruction in their native language or world language instruction under section 120B.022,
subdivision 1. A teacher candidate's official ACT Plus Writing or SAT composite score
report to the board must not be more than ten years old at the time of licensure.

(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness based
on proficiency of graduates in demonstrating attainment of program outcomes. Teacher
preparation programs including alternative teacher preparation programs under section
122A.245, among other programs, must include a content-specific, board-approved,
performance-based assessment that measures teacher candidates in three areas: planning
for instruction and assessment; engaging students and supporting learning; and assessing
student learning. The board's redesign rules must include creating flexible, specialized
teaching licenses, credentials, and other endorsement forms to increase students'
participation in language immersion programs, world language instruction, career
development opportunities, work-based learning, early college courses and careers, career
and technical programs, Montessori schools, and project and place-based learning, among
other career and college ready learning offerings.

(e) The board must adopt rules requiring candidates for initial licenses to pass an
examination of general pedagogical knowledge and examinations of licensure-specific
teaching skills. The rules shall be effective by September 1, 2001. The rules under this
paragraph also must require candidates for initial licenses to teach prekindergarten or
elementary students to pass, as part of the examination of licensure-specific teaching
skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the development
of reading comprehension, and reading assessment and instruction, and their ability to
integrate that knowledge and understanding.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses
based on appropriate professional competencies that are aligned with the board's licensing
system and students' diverse learning needs. All teacher candidates must have preparation
in English language development and content instruction for English learners in order to be
able to effectively instruct the English learners in their classrooms. The board must include
these licenses in a statewide differentiated licensing system that creates new leadership
roles for successful experienced teachers premised on a collaborative professional culture
dedicated to meeting students' diverse learning needs in the 21st century, recognizes the
importance of cultural and linguistic competencies, including the ability to teach and
communicate in culturally competent and aware ways, and formalizes mentoring and
induction for newly licensed teachers provided through a teacher support framework.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses. The board must require licensed teachers
who are renewing a continuing license to include in the renewal requirements further
preparation in English language development and specially designed content instruction
in English for English learners.

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation,
first, in understanding the key warning signs of early-onset mental illness in children
and adolescents and then, during subsequent licensure renewal periods, preparation may
include providing a more in-depth understanding of students' mental illness trauma,
accommodations for students' mental illness, parents' role in addressing students' mental
illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942
governing restrictive procedures, and de-escalation methods, among other similar topics.

new text begin (o) The board must adopt rules by January 1, 2016, to license applicants under
sections 122A.23 and 122A.245. The rules must permit applicants to demonstrate their
qualifications through the board's recognition of a teaching license from another state
in a similar content field, completion of a state-approved teacher preparation program,
teaching experience as the teacher of record in a similar licensure field, depth of content
knowledge, depth of content methods or general pedagogy, subject-specific professional
development and contribution to the field, or classroom performance as determined by
documented student growth on normed assessments or documented effectiveness on
evaluations. The rules must adopt criteria for determining a "similar content field" and
"similar licensure area."
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 2014, section 122A.18, subdivision 2, is amended to read:

Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of Teaching
must issue licenses under its jurisdiction to persons the board finds to be qualified and
competent for their respective positions new text begin , including those meeting the standards adopted
under section 122A.09, subdivision 4, paragraph (o) new text end .

(b) The board must require a person to pass an examination of skills in reading,
writing, and mathematics or attain either a composite score composed of the average of
the scores in English and writing, reading, and mathematics on the ACT Plus Writing
recommended by the board, or an equivalent composite score composed of the average
of the scores in critical reading, mathematics, and writing on the SAT recommended by
the board, before being granted an initial teaching license to provide direct instruction
to pupils in prekindergarten, elementary, secondary, or special education programs,
except that the board may issue up to two temporary, one-year teaching licenses to an
otherwise qualified candidate who has not yet passed the skills exam or attained the
requisite composite score on the ACT Plus Writing or SAT. The board must require
colleges and universities offering a board approved teacher preparation program to make
available upon request remedial assistance that includes a formal diagnostic component
to persons enrolled in their institution who did not achieve a qualifying score on the
skills examination or attain the requisite composite ACT Plus Writing or SAT score,
including those for whom English is a second language. The colleges and universities
must make available assistance in the specific academic areas of candidates' deficiency.
School districts may make available upon request similar, appropriate, and timely remedial
assistance that includes a formal diagnostic component to those persons employed by the
district who completed their teacher education program, who did not achieve a qualifying
score on the skills examination, or attain the requisite composite ACT Plus Writing or SAT
score, and who received a temporary license to teach in Minnesota. The Board of Teaching
shall report annually to the education committees of the legislature on the total number
of teacher candidates during the most recent school year taking the skills examination,
the number who achieve a qualifying score on the examination, the number who do not
achieve a qualifying score on the examination, the distribution of all candidates' scores,
the number of candidates who have taken the examination at least once before, and the
number of candidates who have taken the examination at least once before and achieve a
qualifying score, and the candidates who have not attained the requisite composite ACT
Plus Writing or SAT score or have not passed a content or pedagogy exam, disaggregated
by categories of race, ethnicity, and eligibility for financial aid.

(c) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes passing the skills
examination in reading, writing, and mathematics or attaining the requisite composite
ACT Plus Writing or SAT score consistent with paragraph (b), and the exceptions in
section 122A.09, subdivision 4, paragraph (b), that are consistent with this paragraph. The
requirement to pass a reading, writing, and mathematics skills examination, or attain the
requisite composite score on the ACT Plus Writing or SAT does not apply to nonnative
English speakers, as verified by qualified Minnesota school district personnel or Minnesota
higher education faculty, who, after meeting the content and pedagogy requirements under
this subdivision, apply for a teaching license to provide direct instruction in their native
language or world language instruction under section 120B.022, subdivision 1. A teacher
candidate's official ACT Plus Writing or SAT composite score report to the board must not
be more than ten years old at the time of licensure.

(d) All colleges and universities approved by the board of teaching to prepare persons
for teacher licensure must include in their teacher preparation programs a common core
of teaching knowledge and skills to be acquired by all persons recommended for teacher
licensure. Among other requirements, teacher candidates must demonstrate the knowledge
and skills needed to provide appropriate instruction to English learners to support and
accelerate their academic literacy, including oral academic language, and achievement in
content areas in a regular classroom setting. This common core shall meet the standards
developed by the interstate new teacher assessment and support consortium in its 1992
"model standards for beginning teacher licensing and development." Amendments to
standards adopted under this paragraph are covered by chapter 14. The board of teaching
shall report annually to the education committees of the legislature on the performance
of teacher candidates on common core assessments of knowledge and skills under this
paragraph during the most recent school year.

Sec. 3.

Minnesota Statutes 2014, 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 deleted text begin the deleted text end
applicable Board of Teaching licensure rules.

(b) A candidate for initial licensure must submit to the deleted text begin Educator Licensing Division
at the department deleted text end new text begin Board of Teaching new text end one portfolio demonstrating pedagogical competence
and one portfolio demonstrating content competence.

(c) A candidate seeking to add a licensure field must submit to the deleted text begin Educator
Licensing Division at the department deleted text end new text begin Board of Teaching new text end one portfolio demonstrating
content competence.

new text begin (d) The Board of Teaching must approve or disapprove candidates' portfolios under
paragraph (b) or (c) within 90 calendar days after receiving the portfolio. If the portfolio
is 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 board must approve or disapprove the
portfolio within 60 calendar days of receiving it.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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 fees must be paid to the executive secretary of the Board of
Teaching. The revenue generated from the fee must be deposited in an education licensure
portfolio 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 the day following final enactment
and applies to all portfolios submitted to the Board of Teaching after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 122A.23, is amended to read:

122A.23 APPLICANTS TRAINED IN OTHER STATES.

Subdivision 1.

Preparation equivalency.

When a license to teach is authorized to
be issued to any holder of a diploma or a degree of a Minnesota state university, or of the
University of Minnesota, or of a liberal arts university, or a technical training institution,
such license may also, in the discretion of the Board of Teaching or the commissioner of
education, whichever has jurisdiction, be issued to any holder of a diploma or a degree
of a teacher training institution of equivalent rank and standing of any other state. The
diploma or degree must be granted by virtue of completing a course in teacher preparation
deleted text begin essentially equivalent in content to that required by such Minnesota state university or the
University of Minnesota or a liberal arts university in Minnesota or a technical training
institution deleted text end as preliminary to the granting of a diploma or a degree of the same rank and
class. For purposes of granting a Minnesota teaching license to a person who receives a
diploma or degree from a state-accredited, out-of-state teacher training program leading to
licensure, the Board of Teaching must establish criteria and streamlined procedures new text begin by
January 1, 2016, new text end to recognize the experience and professional credentials of the person
holding the out-of-state diploma or degree and allow that person to demonstrate to the
board the person's qualifications for receiving a Minnesota teaching license based on
performance measures the board adopts new text begin by January 1, 2016, new text end under this section.

Subd. 2.

Applicants licensed in other states.

(a) Subject to the requirements
of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a
teaching license or a temporary teaching license under paragraphs deleted text begin (b) deleted text end new text begin (c) new text end to deleted text begin (e) deleted text end new text begin (f) new text end to an
applicant who holds at least a baccalaureate degree from a regionally accredited college
or university and holds or held deleted text begin a similar deleted text end new text begin an new text end out-of-state teaching license that requires the
applicant to successfully complete a teacher preparation program approved by the issuing
state, which includes new text begin either (1) new text end field-specific teaching methods deleted text begin and deleted text end new text begin , new text end student teaching new text begin , new text end or
deleted text begin essentially deleted text end equivalent experience new text begin , or (2) at least two years of teaching experience as the
teacher of record in a similar licensure field new text end .

new text begin (b) The Board of Teaching may issue a standard license on the basis of teaching
experience and examination requirements only.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The Board of Teaching must issue a teaching license to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach deleted text begin the same deleted text end new text begin a similar new text end content
field and grade levels if the scope of the out-of-state license is no more than two grade
levels less than a similar Minnesota license new text begin , and either (i) has completed field-specific
teaching methods, student teaching, or equivalent experience, or (ii) has at least two years
of teaching experience as the teacher of record in a similar licensure field new text end .

deleted text begin (c) deleted text end new text begin (d) new text end The Board of Teaching, consistent with board rules and paragraph deleted text begin (h) deleted text end new text begin (j) new text end ,
must issue up to three one-year temporary teaching licenses to an applicant who holds or
held an out-of-state teaching license to teach deleted text begin the same deleted text end new text begin a similar new text end content field and grade
levels, where the scope of the out-of-state license is no more than two grade levels less
than a similar Minnesota license, but has not successfully completed all exams and human
relations preparation components required by the Board of Teaching.

deleted text begin (d) deleted text end new text begin (e) new text end The Board of Teaching, consistent with board rules, must issue up to three
one-year temporary teaching licenses to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach deleted text begin the same deleted text end new text begin a similar new text end content
field and grade levels, where the scope of the out-of-state license is no more than two
grade levels less than a similar Minnesota license, but has not completed field-specific
teaching methods or student teaching or equivalent experience.

The applicant may complete field-specific teaching methods and student teaching
or equivalent experience by successfully participating in a one-year school district
mentorship program consistent with board-adopted standards of effective practice and
Minnesota graduation requirements.

deleted text begin (e) deleted text end new text begin (f) new text end The Board of Teaching must issue a temporary teaching license for a term
of up to three years only in the content field or grade levels specified in the out-of-state
license to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license where the out-of-state license is
more limited in the content field or grade levels than a similar Minnesota license.

deleted text begin (f) deleted text end new text begin (g) new text end The Board of Teaching must not issue to an applicant more than three
one-year temporary teaching licenses under this subdivision.

deleted text begin (g) deleted text end new text begin (h) new text end The Board of Teaching deleted text begin must not deleted text end new text begin may new text end issue a license under this subdivision
if the applicant has deleted text begin not deleted text end attained the additional degrees, credentials, or licenses required
in a particular licensure field new text begin or the applicant can demonstrate competency by obtaining
qualifying scores on applicable board-approved rigorous content area and pedagogy
examinations under section 122A.09, subdivision 4, paragraphs (a) and (e) new text end .

deleted text begin (h) deleted text end new text begin (i) new text end The Board of Teaching must require an applicant for a teaching license or a
temporary teaching license under this subdivision to pass a skills examination in reading,
writing, and mathematics or demonstrate, consistent with section 122A.09, subdivision
4, the applicant's attainment of either the requisite composite ACT Plus Writing or SAT
score before the board issues the license unless, notwithstanding other provisions of this
subdivision, an applicable board-approved National Association of State Directors of
Teacher Education interstate reciprocity agreement exists to allow fully certified teachers
from other states to transfer their certification to Minnesota.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2014, section 122A.245, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) To improve academic excellence, improve ethnic
and cultural diversity in the classroom, and close the academic achievement gap, the
Board of Teaching must approve qualified teacher preparation programs under this section
that are a means to acquire a two-year limited-term license, which the board may renew
one time for an additional one-year term, and to prepare for acquiring a standard license.
The following entities are eligible to participate under this section:

(1) a school district deleted text begin or deleted text end new text begin , new text end charter school new text begin , or nonprofit corporation organized under
chapter 317A for an education-related purpose new text end that forms a partnership with a college or
university that has a board-approved alternative teacher preparation program; or

(2) a school district deleted text begin or deleted text end new text begin , new text end charter school, new text begin or nonprofit corporation organized under
chapter 317A for an education-related purpose new text end after consulting with a college or university
with a board-approved teacher preparation program deleted text begin , that forms a partnership with a
nonprofit corporation organized under chapter 317A for an education-related purpose that
has a board-approved teacher preparation program deleted text end .

(b) Before deleted text begin participating in this program deleted text end new text begin becoming a teacher of record new text end , a candidate
must:

(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
board waives the grade point average requirement based on board-adopted criteria new text begin adopted
by January 1, 2016 new text end ;

(2) pass the reading, writing, and mathematics skills examination under section
122A.09, subdivision 4, paragraph (b) new text begin , or demonstrate attainment of either the requisite
composite ACT Plus Writing or SAT score new text end ; and

(3) obtain qualifying scores on applicable board-approved rigorous content area and
pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).

(c) The Board of Teaching must issue a two-year limited-term license to a person
who enrolls in an alternative teacher preparation program.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2014, section 122A.245, subdivision 3, is amended to read:

Subd. 3.

Program approval; disapproval.

(a) The Board of Teaching must approve
alternative teacher preparation programs under this section based on board-adopted
criteria that reflect best practices for alternative teacher preparation programs, consistent
with this section.

new text begin (b) new text end The board must permit teacher candidates to demonstrate mastery of pedagogy
and content standards in school-based settings and through other nontraditional means. new text begin
"Nontraditional means" must include a portfolio of previous experiences, teaching
experience, educator evaluations, certifications marking the completion of education
training programs, and essentially equivalent demonstrations.
new text end

new text begin (c) The board must permit nontraditional criteria to determine the qualifications of
program instructors.
new text end

new text begin (d) The board may permit instructors to hold a baccalaureate degree only.
new text end

deleted text begin (b) deleted text end new text begin (e) new text end If the Board of Teaching determines that a teacher preparation program under
this section does not meet the requirements of this section, it may revoke its approval
of the program after it notifies the program provider of any deficiencies and gives the
program provider an opportunity to remedy the deficiencies.

Sec. 7.

Minnesota Statutes 2014, section 122A.245, subdivision 7, is amended to read:

Subd. 7.

Standard license.

The Board of Teaching must issue a standard license
to an otherwise qualified teacher candidate under this section who successfully performs
throughout a program under this section, deleted text begin successfully completes all required deleted text end new text begin obtains
qualifying scores on applicable board-approved rigorous new text end skills, pedagogy, and content
area examinations under section 122A.09, subdivision 4, paragraphs (a) and (e), and is
recommended for licensure under subdivision 5 or successfully demonstrates to the board
qualifications for licensure under subdivision 6.