2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/15/2001|
|1st Engrossment||Posted on 03/08/2001|
|2nd Engrossment||Posted on 03/28/2001|
1.1 A bill for an act 1.2 relating to education; establishing a board for 1.3 educational administrators; transferring duties; 1.4 providing for rulemaking; appropriating money; 1.5 amending Minnesota Statutes 2000, sections 122A.162; 1.6 122A.163; 122A.18, subdivisions 1 and 4; 122A.20, 1.7 subdivision 2; 122A.21; 214.01, subdivision 3; 214.04, 1.8 subdivisions 1 and 3; and 214.12, subdivision 1; 1.9 proposing coding for new law in Minnesota Statutes, 1.10 chapter 122A. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 ARTICLE 1 1.13 TRANSFER OF DUTIES 1.14 Section 1. [122A.191] [DEFINITIONS.] 1.15 Subdivision 1. [SCOPE.] For the purposes of sections 1.16 122A.191 to 122A.194, the terms defined in this section have the 1.17 meanings given them, unless another meaning is clearly indicated. 1.18 Subd. 2. [BOARD.] "Board" means the board of educational 1.19 administration. 1.20 Subd. 3. [COMMUNITY EDUCATION DIRECTOR.] "Community 1.21 education director" means a person devoting time to 1.22 administrative and supervisory duties pertaining to community 1.23 education and employed as a community education director. 1.24 Subd. 4. [PRINCIPAL.] "Principal" means a person who 1.25 devotes more than 50 percent of the time to administrative or 1.26 supervisory duties and is employed as an elementary principal, 1.27 secondary principal, or kindergarten through grade 12 1.28 principal. The term also includes assistant principals. 2.1 Subd. 5. [SCHOOL ADMINISTRATORS.] "School administrators" 2.2 means superintendents, principals, special education directors, 2.3 community education directors, and vocational administrators. 2.4 Subd. 6. [SPECIAL EDUCATION DIRECTOR.] "Special education 2.5 director" means a person devoting time to administrative or 2.6 supervisory duties for special instruction and services for 2.7 children and is employed as a special education director. 2.8 Special education director includes assistant special education 2.9 directors. 2.10 Subd. 7. [SUPERINTENDENT.] "Superintendent" means a school 2.11 administrator employed pursuant to section 123B.143, subdivision 2.12 1, and includes assistant superintendents. 2.13 Subd. 8. [VOCATIONAL ADMINISTRATOR.] "Vocational 2.14 administrator" means a person devoting time to administrative or 2.15 supervisory duties for vocational education. 2.16 Sec. 2. [122A.192] [BOARD OF EDUCATIONAL ADMINISTRATION.] 2.17 Subdivision 1. [APPOINTMENT OF MEMBERS; ELIGIBILITY.] The 2.18 board of educational administration consists of seven members 2.19 appointed by the governor as follows: 2.20 (1) an elementary school principal employed by a school 2.21 district; 2.22 (2) a secondary school principal employed by a school 2.23 district; 2.24 (3) a school superintendent employed by a school district; 2.25 (4) a classroom teacher employed by a school district; 2.26 (5) a community education director or a special education 2.27 director; 2.28 (6) one higher education representative, who must be a 2.29 faculty member preparing school administrators; and 2.30 (7) a public member, as defined in section 214.02. 2.31 In making appointments, the governor shall solicit 2.32 recommendations from groups representing persons in clauses (1) 2.33 to (6). 2.34 Subd. 2. [TERMS; COMPENSATION; REMOVAL.] Membership terms, 2.35 removal of members, and the filling of membership vacancies 2.36 shall be as provided under section 214.09 except the terms 3.1 expire July 31. The terms of the initial board members must be 3.2 determined by lot as follows: one member must be appointed for 3.3 a term that expires August 1, 2002; one member must be appointed 3.4 for a term that expires August 1, 2003; two members must be 3.5 appointed for a term that expires August 1, 2004; and three 3.6 members must be appointed to terms that expire August 1, 2005. 3.7 The actual and necessary expenses of all members serving on the 3.8 board shall be as provided in section 214.09, subdivision 3. 3.9 Members shall not receive the daily payment under section 3.10 214.09, subdivision 3. The employer of a member shall not 3.11 reduce the member's compensation or benefits for the member's 3.12 absence from employment when engaging in the business of the 3.13 board. A member shall not be reappointed for more than one 3.14 additional term. 3.15 Subd. 3. [VACANT POSITION.] The position of a member who 3.16 leaves Minnesota or whose employment status changes to a 3.17 category different from that from which appointed shall be 3.18 deemed vacant. 3.19 Subd. 4. [ADMINISTRATION.] The provision of staff, 3.20 administrative services, and office space; the review and 3.21 processing of complaints; the setting of fees; the selection and 3.22 duties of an executive secretary to serve the board; and other 3.23 provisions relating to board operations are as provided in 3.24 chapter 214. Fiscal year and reporting requirements shall be as 3.25 provided under sections 214.07 and 214.08. 3.26 Sec. 3. [122A.193] [MEETINGS.] 3.27 Subdivision 1. [MEETINGS.] The board of educational 3.28 administration shall meet regularly at the times and places 3.29 determined by the board. The board shall nominate and elect a 3.30 chair and other officers from its membership. Meetings shall be 3.31 called by the chair or at the written request of any three 3.32 members. 3.33 Subd. 2. [EXECUTIVE SECRETARY.] The board of educational 3.34 administration may hire an executive secretary and other staff 3.35 or may arrange to share a director and staff with the board of 3.36 teaching. If the board hires an executive director, the person 4.1 is in the unclassified service. 4.2 Sec. 4. [122A.194] [DUTIES OF BOARD OF EDUCATIONAL 4.3 ADMINISTRATION.] 4.4 Subdivision 1. [LICENSING.] The board shall license school 4.5 administrators. The board shall adopt rules to license school 4.6 administrators in accordance with chapter 14. Other than the 4.7 rules transferred to the board under section 5, the board may 4.8 not adopt or amend rules under this section until the rules are 4.9 approved by law. The rules shall include the licensing of 4.10 persons who have successfully completed alternative preparation 4.11 programs under section 122A.27. The board may enter into 4.12 agreements with the board of teaching regarding multiple license 4.13 matters. 4.14 Subd. 2. [PREPARATION PROGRAMS.] The board shall review 4.15 and approve preparation programs for school administrators and 4.16 alternative preparation programs under section 122A.27. 4.17 Subd. 3. [RULES FOR CONTINUING EDUCATION REQUIREMENTS.] 4.18 The board shall adopt rules establishing continuing education 4.19 requirements which promote continuous improvement and 4.20 acquisition of new and relevant skills by school administrators. 4.21 Subd. 4. [CODE OF ETHICS.] The board shall adopt by rule a 4.22 code of ethics covering standards of professional practice, 4.23 including ethical conduct, professional performance, and methods 4.24 of enforcement, and advise school administrators in interpreting 4.25 the code of ethics. 4.26 Subd. 5. [COMMISSIONER'S REPRESENTATIVE TO COMMENT ON 4.27 PROPOSED RULE.] Prior to the adoption of any rule that must be 4.28 submitted to public hearing, a representative of the 4.29 commissioner of children, families, and learning shall appear 4.30 before the board and at any hearing required under section 4.31 14.14, subdivision 1, to comment on the cost and educational 4.32 implications of the proposed rule. 4.33 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 4.34 director of the board shall keep a record of the proceedings of 4.35 the board and a register of all persons licensed under this 4.36 chapter. The register must show the name, address, license 5.1 number, and the renewal of the license. The board must on July 5.2 1 of each year, or as soon thereafter as is practicable, compile 5.3 a list of licensed school administrators and transmit a copy of 5.4 the list to the board. A copy of the register must be available 5.5 during business hours at the office of the board to any 5.6 interested person. 5.7 Subd. 7. [COMMISSIONER'S ASSISTANCE; BOARD MONEY.] The 5.8 commissioner shall provide all necessary materials and 5.9 assistance for the transaction of the business of the board and 5.10 all money received by the board shall be paid into the state 5.11 treasury as provided by law. The expenses of administering the 5.12 board of educational administration shall be paid for from 5.13 appropriations made to the board of educational administration. 5.14 Sec. 5. [TRANSFER OF POWERS AND DUTIES.] 5.15 The powers, duties, and responsibilities of the 5.16 commissioner of children, families, and learning with respect to 5.17 supervisory personnel as defined in Minnesota Statutes, section 5.18 122A.15, subdivision 2, are transferred to the board of 5.19 educational administration under Minnesota Statutes, section 5.20 15.039. 5.21 Sec. 6. [APPROPRIATION.] 5.22 $....... is appropriated in fiscal year 2002 from the 5.23 general fund to the board of educational administration for the 5.24 purposes of sections 1 to 4. 5.25 ARTICLE 2 5.26 CONFORMING CHANGES 5.27 Section 1. Minnesota Statutes 2000, section 122A.162, is 5.28 amended to read: 5.29 122A.162 [LICENSURE RULES.] 5.30 The commissioner may make rules relating to licensure of 5.31 school personnel not licensed by the board of teaching or board 5.32 of educational administration. 5.33 Sec. 2. Minnesota Statutes 2000, section 122A.163, is 5.34 amended to read: 5.35 122A.163 [TEACHER RULE VARIANCES; COMMISSIONER.] 5.36 Notwithstanding any law to the contrary, and only upon 6.1 receiving the agreement of the state board of teaching or board 6.2 of educational administration, whichever has jurisdiction over 6.3 the licensure, the commissioner of children, families, and 6.4 learning may grant a variance to rules governing licensure 6.5 of
teachers for those teacherspersons licensed by the board of 6.6 teaching or board of educational administration, whichever has 6.7 jurisdiction. The commissioner may grant a variance, without6.8 the agreement of the board of teaching, to rules adopted by the6.9 commissioner governing licensure of teachers for those teachers6.10 the commissioner licenses.6.11 Sec. 3. Minnesota Statutes 2000, section 122A.18, 6.12 subdivision 1, is amended to read: 6.13 Subdivision 1. [AUTHORITY TO LICENSE.] (a) The board of 6.14 teaching must license teachers, as defined in section 122A.15, 6.15 subdivision 1, except for supervisory personnel, as defined in 6.16 section 122A.15, subdivision 2. 6.17 (b) The commissioner of children, families, and learning6.18 board of educational administration must license supervisory 6.19 personnel as defined in section 122A.15, subdivision 2, except 6.20 for athletic coaches. 6.21 (c) Licenses under the jurisdiction of the board of6.22 teaching and the commissioner of children, families, and6.23 learning must be issued through the licensing section of the6.24 department.6.25 Sec. 4. Minnesota Statutes 2000, section 122A.18, 6.26 subdivision 4, is amended to read: 6.27 Subd. 4. [EXPIRATION AND RENEWAL.] (a) Each license the6.28 department of children, families, and learning issues through6.29 its licensing sectionmust bear the date of issue. Licenses 6.30 must expire and be renewed according to the respective rules the 6.31 board of teaching, the board of educational administration, or 6.32 the commissioner of children, families, and learning adopts. 6.33 Requirements for renewing a license must include showing 6.34 satisfactory evidence of successful teaching or administrative 6.35 experience for at least one school year during the period 6.36 covered by the license in grades or subjects for which the 7.1 license is valid or completing such additional preparation as 7.2 the board of teaching prescribes. The commissioner of children,7.3 families, and learningboard of educational administration shall 7.4 establish requirements for renewing the licenses of supervisory 7.5 personnel except athletic coaches. The state board of teaching 7.6 shall establish requirements for renewing the licenses of 7.7 athletic coaches. 7.8 (b) The board of teaching shall offer alternative 7.9 continuing relicensure options for teachers who are accepted 7.10 into and complete the national board for professional teaching 7.11 standards certification process, and offer additional continuing 7.12 relicensure options for teachers who earn national board for 7.13 professional teaching standards certification. Continuing 7.14 relicensure requirements for teachers who do not maintain 7.15 national board for professional teaching standards certification 7.16 are those the board prescribes. 7.17 Sec. 5. Minnesota Statutes 2000, section 122A.20, 7.18 subdivision 2, is amended to read: 7.19 Subd. 2. [MANDATORY REPORTING.] A school board must report 7.20 to the board of teaching, the board of educational 7.21 administration, or the board of trustees of the Minnesota state 7.22 colleges and universities, whichever has jurisdiction over the 7.23 teacher's or administrator's license, when its teacher or 7.24 administrator is discharged or resigns from employment after a 7.25 charge is filed with the school board under section 122A.41, 7.26 subdivisions 6, clauses (1), (2), and (3), and 7, or after 7.27 charges are filed that are ground for discharge under section 7.28 122A.40, subdivision 13, paragraph (a), clauses (1) to (5), or 7.29 when a teacher or administrator is suspended or resigns while an 7.30 investigation is pending under section 122A.40, subdivision 13, 7.31 paragraph (a) clauses (1) to (5); 122A.41, subdivisions 6, 7.32 clauses (1), (2), and (3), and 7; or 626.556. The report must 7.33 be made to the appropriate licensing board within ten days after 7.34 the discharge, suspension, or resignation has occurred. The 7.35 licensing board to which the report is made must investigate the 7.36 report for violation of subdivision 1 and the reporting board 8.1 must cooperate in the investigation. Notwithstanding any 8.2 provision in chapter 13 or any law to the contrary, upon written 8.3 request from the licensing board having jurisdiction over 8.4 the teacher'slicense, a board or school superintendent shall 8.5 provide the licensing board with information about the 8.6 teacher or administrator from the district's files, any 8.7 termination or disciplinary proceeding, any settlement or 8.8 compromise, or any investigative file. Upon written request 8.9 from the appropriate licensing board, a board or school 8.10 superintendent may, at the discretion of the board or school 8.11 superintendent, solicit the written consent of a student and the 8.12 student's parent to provide the licensing board with information 8.13 that may aid the licensing board in its investigation and 8.14 license proceedings. The licensing board's request need not 8.15 identify a student or parent by name. The consent of the 8.16 student and the student's parent must meet the requirements of 8.17 chapter 13 and Code of Federal Regulations, title 34, section 8.18 99.30. The licensing board may provide a consent form to the 8.19 district. Any data transmitted to any board under this section 8.20 is private data under section 13.02, subdivision 12, 8.21 notwithstanding any other classification of the data when it was 8.22 in the possession of any other agency. 8.23 The licensing board to which a report is made must transmit 8.24 to the attorney general's office any record or data it receives 8.25 under this subdivision for the sole purpose of having the 8.26 attorney general's office assist that board in its 8.27 investigation. When the attorney general's office has informed 8.28 an employee of the appropriate licensing board in writing that 8.29 grounds exist to suspend or revoke a teacher's license to teach, 8.30 that licensing board must consider suspending or revoking or 8.31 decline to suspend or revoke the teacher's or administrator's 8.32 license within 45 days of receiving a stipulation executed by 8.33 the teacher or administrator under investigation or a 8.34 recommendation from an administrative law judge that 8.35 disciplinary action be taken. 8.36 Sec. 6. Minnesota Statutes 2000, section 122A.21, is 9.1 amended to read: 9.2 122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.] 9.3 Each application for the issuance, renewal, or extension of 9.4 a license to teach and each application for the issuance,9.5 renewal, or extension of a license as supervisory personnelmust 9.6 be accompanied by a processing fee in an amount set by the board 9.7 of teaching by rule. Each application for the issuance, 9.8 renewal, or extension of a license as school administrators and 9.9 supervisors must be accompanied by a processing fee in the same 9.10 amounts set by the board of teaching. The processing fee for a 9.11 teacher's license and for the licenses of supervisory personnel 9.12 must be paid to the executive secretary of the appropriate board 9.13 of teaching. The executive secretary of the board of teaching9.14 shall deposit the fees with the state treasurer, as provided by 9.15 law, and report each month to the commissioner of finance the 9.16 amount of fees collected. The fees as set by the board are 9.17 nonrefundable for applicants not qualifying for a license. 9.18 However, a fee must be refunded by the state treasurer in any 9.19 case in which the applicant already holds a valid unexpired 9.20 license. The board may waive or reduce fees for applicants who 9.21 apply at the same time for more than one license. 9.22 Sec. 7. Minnesota Statutes 2000, section 214.01, 9.23 subdivision 3, is amended to read: 9.24 Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.] 9.25 "Non-health-related licensing board" means the board of teaching 9.26 established pursuant to section 122A.07, the board of 9.27 educational administration established pursuant to section 9.28 122A.192, the board of barber examiners established pursuant to 9.29 section 154.22, the board of assessors established pursuant to 9.30 section 270.41, the board of architecture, engineering, land 9.31 surveying, landscape architecture, geoscience, and interior 9.32 design established pursuant to section 326.04, the board of 9.33 accountancy established pursuant to section 326.17, the board of 9.34 electricity established pursuant to section 326.241, the private 9.35 detective and protective agent licensing board established 9.36 pursuant to section 326.33, the board of boxing established 10.1 pursuant to section 341.01, and the peace officer standards and 10.2 training board established pursuant to section 626.841. 10.3 Sec. 8. Minnesota Statutes 2000, section 214.04, 10.4 subdivision 1, is amended to read: 10.5 Subdivision 1. [SERVICES PROVIDED.] The commissioner of 10.6 administration with respect to the board of electricity, the 10.7 commissioner of children, families, and learning with respect to 10.8 the board of teaching and the board of educational 10.9 administration, the commissioner of public safety with respect 10.10 to the board of private detective and protective agent services, 10.11 and the board of peace officer standards and training, and the 10.12 commissioner of revenue with respect to the board of assessors, 10.13 shall provide suitable offices and other space, joint conference 10.14 and hearing facilities, examination rooms, and the following 10.15 administrative support services: purchasing service, accounting 10.16 service, advisory personnel services, consulting services 10.17 relating to evaluation procedures and techniques, data 10.18 processing, duplicating, mailing services, automated printing of 10.19 license renewals, and such other similar services of a 10.20 housekeeping nature as are generally available to other agencies 10.21 of state government. Investigative services shall be provided 10.22 the boards by employees of the office of attorney general. The 10.23 commissioner of health with respect to the health-related 10.24 licensing boards shall provide mailing and office supply 10.25 services and may provide other facilities and services listed in 10.26 this subdivision at a central location upon request of the 10.27 health-related licensing boards. The commissioner of commerce 10.28 with respect to the remaining non-health-related licensing 10.29 boards shall provide the above facilities and services at a 10.30 central location for the remaining non-health-related licensing 10.31 boards. The legal and investigative services for the boards 10.32 shall be provided by employees of the attorney general assigned 10.33 to the departments servicing the boards. Notwithstanding the 10.34 foregoing, the attorney general shall not be precluded by this 10.35 section from assigning other attorneys to service a board if 10.36 necessary in order to insure competent and consistent legal 11.1 representation. Persons providing legal and investigative 11.2 services shall to the extent practicable provide the services on 11.3 a regular basis to the same board or boards. 11.4 Sec. 9. Minnesota Statutes 2000, section 214.04, 11.5 subdivision 3, is amended to read: 11.6 Subd. 3. [OFFICERS; STAFF.] The executive director of each 11.7 health-related board and the executive secretary of each 11.8 non-health-related board shall be the chief administrative 11.9 officer for the board but shall not be a member of the board. 11.10 The executive director or executive secretary shall maintain the 11.11 records of the board, account for all fees received by it, 11.12 supervise and direct employees servicing the board, and perform 11.13 other services as directed by the board. The executive 11.14 directors, executive secretaries, and other employees of the 11.15 following boards shall be hired by the board, and the executive 11.16 directors or executive secretaries shall be in the unclassified 11.17 civil service, except as provided in this subdivision: 11.18 (1) dentistry; 11.19 (2) medical practice; 11.20 (3) nursing; 11.21 (4) pharmacy; 11.22 (5) accountancy; 11.23 (6) architecture, engineering, land surveying, landscape 11.24 architecture, geoscience, and interior design; 11.25 (7) barber examiners; 11.26 (8) cosmetology; 11.27 (9) electricity; 11.28 (10) teaching; 11.29 (11) peace officer standards and training; 11.30 (12) social work; 11.31 (13) marriage and family therapy; and11.32 (14) dietetics and nutrition practice; and 11.33 (15) educational administration. 11.34 The executive directors or executive secretaries serving 11.35 the boards are hired by those boards and are in the unclassified 11.36 civil service, except for part-time executive directors or 12.1 executive secretaries, who are not required to be in the 12.2 unclassified service. Boards not requiring full-time executive 12.3 directors or executive secretaries may employ them on a 12.4 part-time basis. To the extent practicable, the sharing of 12.5 part-time executive directors or executive secretaries by boards 12.6 being serviced by the same department is encouraged. Persons 12.7 providing services to those boards not listed in this 12.8 subdivision, except executive directors or executive secretaries 12.9 of the boards and employees of the attorney general, are 12.10 classified civil service employees of the department servicing 12.11 the board. To the extent practicable, the commissioner shall 12.12 ensure that staff services are shared by the boards being 12.13 serviced by the department. If necessary, a board may hire 12.14 part-time, temporary employees to administer and grade 12.15 examinations. 12.16 Sec. 10. Minnesota Statutes 2000, section 214.12, 12.17 subdivision 1, is amended to read: 12.18 Subdivision 1. [REQUIREMENTS.] The health-related and 12.19 non-health-related licensing boards may promulgate by rule 12.20 requirements for renewal of licenses designed to promote the 12.21 continuing professional competence of licensees. These 12.22 requirements of continuing professional education or training 12.23 shall be designed solely to improve professional skills and 12.24 shall not exceed an average attendance requirement of 50 clock 12.25 hours per year. All requirements promulgated by the boards 12.26 shall be effective commencing January 1, 1977, or at a later 12.27 date as the board may determine. The 50 clock hour limitation 12.28 shall not apply to the board of teaching and board of 12.29 educational administration. 12.30 Sec. 11. [REVISOR INSTRUCTION.] 12.31 In the next and subsequent editions of Minnesota Statutes, 12.32 the revisor of statutes shall substitute the term "board of 12.33 educational administration" for the term "commissioner" or 12.34 "commissioner of children, families, and learning" in the 12.35 following sections of Minnesota Statutes: 122A.18, subdivisions 12.36 3, 6, and 8; 122A.20, subdivision 1; 122A.23, subdivision 1; 13.1 122A.27, subdivisions 1, 4, and 5; 123A.21; 123B.03, subdivision 13.2 1; and 125A.67, subdivision 2.