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Minnesota Legislature

Office of the Revisor of Statutes

HF 1079

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 02:40pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/13/2017

Current Version - as introduced

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A bill for an act
relating to education; establishing the Professional Educator Licensing and
Standards Board; transferring all teacher licensing and support personnel licensing
and credentialing authority to the Professional Educator Licensing and Standards
Board; appropriating money; requiring a report; amending Minnesota Statutes
2016, sections 120B.363, subdivision 1; 122A.06; 122A.07; 122A.08; 122A.09,
subdivisions 1, 2, 3, 4, 4a, 6, 7, 9, 10; 122A.17; 122A.18, subdivisions 1, 2, 2b,
7a, 7c, 8, by adding subdivisions; 122A.19; 122A.20; 122A.22; 122A.23,
subdivision 3; 122A.245, subdivisions 1, 2, 3, 5, 6, 9; 122A.26, subdivision 2;
122A.28; 122A.29; 122A.30; 124D.13, subdivision 11; 124D.454, subdivision
12; 124D.75, subdivisions 1, 6; 125A.67, subdivision 2; 127A.05, subdivision 6;
136A.1791, subdivision 1; 214.04, subdivisions 1, 3; 214.045; proposing coding
for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes
2016, sections 122A.09, subdivisions 5, 8; 122A.14, subdivision 5; 122A.162;
122A.163; 122A.18, subdivisions 2a, 3, 3a, 4, 4a, 6, 7; 122A.21, subdivision 2;
122A.23, subdivisions 1, 2; 122A.245, subdivisions 7, 8, 10; 122A.25.

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

ARTICLE 1

PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD

Section 1.

Minnesota Statutes 2016, section 122A.06, is amended to read:


122A.06 DEFINITIONS.

Subdivision 1.

Scope.

For the purpose of sections 122A.05 to deleted text begin122A.09deleted text endnew text begin 122A.093new text end, the
terms defined in this section have the meanings given them, unless another meaning is
clearly indicated.

Subd. 2.

Teacher.

"Teacher" means a classroom teacher or other similar professional
employee required to hold a license from the new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end.

Subd. 3.

Board.

"Board" means the new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end.

Subd. 4.

Comprehensive, scientifically based reading instruction.

(a) "Comprehensive,
scientifically based reading instruction" includes a program or collection of instructional
practices that is based on valid, replicable evidence showing that when these programs or
practices are used, students can be expected to achieve, at a minimum, satisfactory reading
progress. The program or collection of practices must include, at a minimum, effective,
balanced instruction in all five areas of reading: phonemic awareness, phonics, fluency,
vocabulary development, and reading comprehension.

Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating the
student's reading progress and needs in order to design and implement ongoing interventions
so that students of all ages and proficiency levels can read and comprehend text, write, and
apply higher level thinking skills. For English learners developing literacy skills, districts
are encouraged to use strategies that teach reading and writing in the students' native language
and English at the same time.

(b) "Fluency" is the ability of students to read text with speed, accuracy, and proper
expression.

(c) "Phonemic awareness" is the ability of students to notice, think about, and manipulate
individual sounds in spoken syllables and words.

(d) "Phonics" is the understanding that there are systematic and predictable relationships
between written letters and spoken words. Phonics instruction is a way of teaching reading
that stresses learning how letters correspond to sounds and how to apply this knowledge in
reading and spelling.

(e) "Reading comprehension" is an active process that requires intentional thinking
during which meaning is constructed through interactions between text and reader.
Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive meaning through
intentional, problem-solving thinking processes.

(f) "Vocabulary development" is the process of teaching vocabulary both directly and
indirectly, with repetition and multiple exposures to vocabulary items. Learning in rich
contexts, incidental learning, and use of computer technology enhance the acquiring of
vocabulary.

(g) Nothing in this subdivision limits the authority of a school district to select a school's
reading program or curriculum.

new text begin Subd. 5. new text end

new text begin Shortage. new text end

new text begin "Shortage" means an inadequate supply of licensed personnel in a
given licensure area, as identified in the most recent report submitted by the commissioner
of education to the legislature under section 127A.05, subdivision 6, or the Professional
Educator Licensing and Standards Board under section 122A.091, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 122A.07, is amended to read:


122A.07 deleted text beginBOARD OF TEACHINGdeleted text endnew text begin PROFESSIONAL EDUCATOR LICENSING
AND STANDARDS BOARD
new text end MEMBERSHIP.

Subdivision 1.

Appointment of members.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end consists of 11 members appointed by the governor, with the
advice and consent of the senate. Membership terms, compensation of members, removal
of members, the filling of membership vacancies, and fiscal year and reporting requirements
are as provided in sections 214.07 to 214.09. No member may be reappointed for more than
one additional term.

Subd. 2.

Eligibility; board composition.

Except for the deleted text beginrepresentativesdeleted text endnew text begin representativenew text end
of deleted text beginhigher education anddeleted text end the public, to be eligible for appointment to thenew text begin Professional Educator
Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text endnew text begin,new text end a person must deleted text beginbe a teacher currently teaching
in a Minnesota school and fully licensed for the position held and
deleted text end have at least five yearsnew text begin
of
new text end teaching experience deleted text beginin Minnesota, including the two years immediately preceding
nomination and appointment
deleted text end. Each nominee, other than a public nominee, must be selected
on the basis of professional experience and knowledge of teacher education, accreditation,
and licensure. The board must be composed of:

(1) six teachers who are currently teaching in a Minnesota school or who were teaching
at the time of the appointment deleted text beginand who do not qualify under clause (2) or (3), at least four
of whom must be teaching in a public school
deleted text endnew text begin, at least one of whom must be a teacher in a
charter school, and one of whom must be licensed in either a geographic or license shortage
area, and none of whom may be serving in an administrative function or any position with
the exclusive bargaining representative of teachers as of the effective date of this section
new text end;

(2) deleted text beginone higher education representative, who must be a faculty member preparing teachersdeleted text endnew text begin
one superintendent from the seven-county metropolitan area, as defined in section 473.121,
subdivision 2
new text end;

(3) one deleted text beginschool administratordeleted text endnew text begin superintendent from outside the seven-county metropolitan
area, as defined in section 473.121, subdivision 2
new text end;deleted text begin and
deleted text end

(4) deleted text beginthree members of the public, two of whom must be present or former members of
school boards
deleted text endnew text begin one elementary school principal;
new text end

new text begin (5) one secondary school principal; and
new text end

new text begin (6) one member of the public that may be a current or former school board membernew text end.

new text begin Subd. 2a. new text end

new text begin First appointments. new text end

new text begin (a) The governor shall nominate all members to the
Professional Educator Licensing and Standards Board. The terms of the initial board members
must be as follows:
new text end

new text begin (1) two members must be appointed for terms that expire January 1, 2019;
new text end

new text begin (2) three members must be appointed for terms that expire January 1, 2020;
new text end

new text begin (3) three members must be appointed for terms that expire January 1, 2021; and
new text end

new text begin (4) three members must be appointed for terms that expire January 1, 2022.
new text end

new text begin (b) Members of the Board of Teaching as of January 1, 2017, are ineligible for first
appointments to the Professional Educator Licensing and Standards Board for four years
from the effective date of this section.
new text end

Subd. 3.

Vacant position.

With the exception of a teacher who retires from teaching
during the course of completing a board term, the position of a member who leaves Minnesota
or whose employment status changes to a category different from that from which appointed
is deemed vacant.

Subd. 4.

deleted text beginAdministration,deleted text end Terms, compensation; removal; vacancies.

The deleted text beginprovision
of staff, administrative services and office space; the
deleted text end review and processing of complaints;
the setting of fees; the selection and duties of an executive secretary to serve the board; and
other provisions relating to board operations new text beginnot provided in this chapter new text endare as provided in
chapter 214. Membership terms, compensation of members, removal of members, the filling
of membership vacancies, and fiscal year and reporting requirements are as provided in
sections 214.07 to 214.09.

new text begin Subd. 4a. new text end

new text begin Administration. new text end

new text begin (a) The governor must appoint an executive director of the
Professional Educator Licensing and Standards Board. The executive director may be
removed by the governor. The board must review the performance of the executive director
and set the salary of the executive director. The salary of the executive director must not
exceed the limit for a position listed in section 15A.0815, subdivision 2.
new text end

new text begin (b) The executive director of the board shall be the chief administrative officer for the
board but shall not be a member of the board. The executive director shall maintain the
records of the board, account for all fees received by the board, supervise and direct
employees servicing the board, and perform other services as directed by the board.
new text end

new text begin (c) The Department of Administration must provide the board with the following
administrative support services:
new text end

new text begin (1) purchasing services;
new text end

new text begin (2) accounting services;
new text end

new text begin (3) advisory personnel services;
new text end

new text begin (4) consulting services relating to evaluation procedures and techniques;
new text end

new text begin (5) data processing;
new text end

new text begin (6) duplicating;
new text end

new text begin (7) mailing services;
new text end

new text begin (8) automated printing of license renewals; and
new text end

new text begin (9) such other similar services of a housekeeping nature as are generally available to
other agencies of state government.
new text end

new text begin (d) The Department of Education must provide suitable offices and other space to the
board at no cost until January 1, 2020. Thereafter, the board may contract with either the
Department of Education or the Department of Administration for the provision of suitable
offices and other space, joint conference and hearing facilities, and examination rooms.
new text end

Subd. 5.

District reimbursement for costs of substitute teachers.

The new text beginProfessional
Educator Licensing and Standards
new text endBoard may reimburse local school districts for the costs
of substitute teachers employed when regular teachers are providing professional assistance
to the state by serving on the board or on a committee or task force appointed by the board
and charged to make recommendations concerning standards for teacher licensure in this
state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2016, section 122A.08, is amended to read:


122A.08 MEETINGS.

Subdivision 1.

Meetings.

The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof
Teaching
deleted text end must meet regularly at the times and places as the board determines. Meetings
must be called by the chair or at the written request of any eight members.

Subd. 2.

Executive secretary.

The new text beginProfessional Educator Licensing and Standards new text endBoard
deleted text begin of Teachingdeleted text end must have an executive secretary who is in the unclassified civil service and
who is not a member of the board.new text begin The executive secretary must fulfill the duties provided
in section 122A.09, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 122A.09, subdivision 1, is amended to read:


Subdivision 1.

Code of ethics.

The new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end must develop by rule a code of ethics covering standards of professional
teaching practices, including areas of ethical conduct and professional performance and
methods of enforcement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 122A.09, subdivision 2, is amended to read:


Subd. 2.

Advise members of profession.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethics.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 6.

Minnesota Statutes 2016, section 122A.09, subdivision 3, is amended to read:


Subd. 3.

Election of chair and officers.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard shall elect a chair and such other officers as it may deem necessary.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 7.

Minnesota Statutes 2016, section 122A.09, subdivision 4, is amended to read:


Subd. 4.

deleted text beginLicense and rulesdeleted text endnew text begin Licensingnew text end.

deleted text begin(a)deleted text end The new text beginProfessional Educator Licensing and
Standards
new text endBoard must deleted text beginadopt rules to license public school teachers and interns subject to
chapter 14.
deleted text endnew text begin license teachers, as defined in section 122A.15, subdivision 1, except for
supervisory personnel, as defined in section 122A.15, subdivision 2. The board must not
delegate its authority to make all licensing decisions with respect to candidates for teacher
licensure. The board must evaluate candidates for compliance with statutory or rule
requirements for licensure and develop licensure verification requirements.
new text end

deleted text begin (b) The board must require all candidates for teacher licensure to demonstrate a passing
score on a board-adopted skills examination in reading, writing, and mathematics, as a
requirement for an initial professional five-year teaching license, except that the board may
issue up to four initial professional one-year teaching licenses to an otherwise qualified
candidate who has not yet passed the board-adopted skills exam. The board must require
colleges and universities offering a board-approved teacher preparation program to provide
remedial assistance to persons who did not achieve a qualifying score on the board-adopted
skills examination, including those for whom English is a second language. The requirement
to pass a board-adopted reading, writing, and mathematics skills examination 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
. The Board of Teaching and the entity administering the content, pedagogy, and skills
examinations must allow any individual who produces documentation of a disability in the
form of an evaluation, 504 plan, or individual education program (IEP) to receive the same
testing accommodations on the content, pedagogy, and skills examinations that the applicant
received during their secondary or postsecondary education.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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. Among other components, teacher
preparation programs may use the Minnesota State Colleges and Universities program model
to provide a school-year-long student teaching program that combines clinical opportunities
with academic coursework and in-depth student teaching experiences to offer students
ongoing mentorship, coaching, and assessment, help to prepare a professional development
plan, and structured learning experiences. 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.
deleted text end

deleted text begin (e) The board must adopt rules requiring candidates for professional five-year teaching
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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (g) The board must grant licenses to interns and to candidates for professional five-year
teaching 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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (i) The board must receive recommendations from local committees as established by
the board for the renewal of teaching licenses. The board must require a licensed teacher
who is renewing a professional five-year teaching license to include in the renewal
requirements further preparation in English language development and specially designed
content instruction in English for English learners.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (k) The board must adopt rules that require all licensed teachers who are renewing their
professional five-year teaching licenses 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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (m) The board must adopt rules that require all licensed teachers who are renewing their
professional five-year teaching licenses 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.
deleted text end

deleted text begin (n) The board must adopt rules that require all licensed teachers who are renewing their
professional five-year teaching licenses to include in their renewal requirements at least
one hour of suicide prevention best practices in each licensure renewal period that are based
on nationally recognized evidence-based programs and practices, among the continuing
education credits required to renew a license under this paragraph, and 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.
deleted text end

deleted 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."
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 8.

Minnesota Statutes 2016, section 122A.09, subdivision 4a, is amended to read:


Subd. 4a.

deleted text beginTeacher and administrator preparation and performance data; reportdeleted text endnew text begin
Reports
new text end.

deleted text begin (a) The Board of Teaching and the Board of School Administrators, in cooperation
with the Minnesota Association of Colleges of Teacher Education and Minnesota colleges
and universities offering board-adopted teacher or administrator preparation programs,
annually must collect and report summary data on teacher and administrator preparation
and performance outcomes, consistent with this subdivision. The Board of Teaching and
the Board of School Administrators annually by June 1 must update and post the reported
summary preparation and performance data on teachers and administrators from the preceding
school years on a Web site hosted jointly by the boards.
deleted text end new text begin The Professional Educator Licensing
and Standards Board must provide reports in accordance with section 122A.091.
new text end

deleted text begin (b) Publicly reported summary data on teacher preparation programs must include:
student entrance requirements for each Board of Teaching-approved program, including
grade point average for enrolling students in the preceding year; the average board-adopted
skills examination or ACT or SAT scores of students entering the program in the preceding
year; summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and their years of experience either as kindergarten
through grade 12 classroom teachers or school administrators; the average time resident
and nonresident program graduates in the preceding year needed to complete the program;
the current number and percent of students by program who graduated, received a standard
Minnesota teaching license, and were hired to teach full time in their licensure field in a
Minnesota district or school in the preceding year; the number of content area credits and
other credits by undergraduate program that students in the preceding school year needed
to complete to graduate; students' pass rates on skills and subject matter exams required for
graduation in each program and licensure area in the preceding school year; survey results
measuring student and graduate satisfaction with the program in the preceding school year;
a standard measure of the satisfaction of school principals or supervising teachers with the
student teachers assigned to a school or supervising teacher; and information under
paragraphs (d) and (e). Program reporting must be consistent with subdivision 11.
deleted text end

deleted text begin (c) Publicly reported summary data on administrator preparation programs approved by
the Board of School Administrators must include: summary data on faculty qualifications,
including at least the content areas of faculty undergraduate and graduate degrees and their
years of experience either as kindergarten through grade 12 classroom teachers or school
administrators; the average time program graduates in the preceding year needed to complete
the program; the current number and percent of students who graduated, received a standard
Minnesota administrator license, and were employed as an administrator in a Minnesota
school district or school in the preceding year; the number of credits by graduate program
that students in the preceding school year needed to complete to graduate; survey results
measuring student, graduate, and employer satisfaction with the program in the preceding
school year; and information under paragraphs (f) and (g). Program reporting must be
consistent with section 122A.14, subdivision 10.
deleted text end

deleted text begin (d) School districts annually by October 1 must report to the Board of Teaching the
following information for all teachers who finished the probationary period and accepted
a continuing contract position with the district from September 1 of the previous year through
August 31 of the current year: the effectiveness category or rating of the teacher on the
summative evaluation under section 122A.40, subdivision 8, or 122A.41, subdivision 5;
the licensure area in which the teacher primarily taught during the three-year evaluation
cycle; and the teacher preparation program preparing the teacher in the teacher's primary
areas of instruction and licensure.
deleted text end

deleted text begin (e) School districts annually by October 1 must report to the Board of Teaching the
following information for all probationary teachers in the district who were released or
whose contracts were not renewed from September 1 of the previous year through August
31 of the current year: the licensure areas in which the probationary teacher taught; and the
teacher preparation program preparing the teacher in the teacher's primary areas of instruction
and licensure.
deleted text end

deleted text begin (f) School districts annually by October 1 must report to the Board of School
Administrators the following information for all school principals and assistant principals
who finished the probationary period and accepted a continuing contract position with the
district from September 1 of the previous year through August 31 of the current year: the
effectiveness category or rating of the principal or assistant principal on the summative
evaluation under section 123B.147, subdivision 3; and the principal preparation program
providing instruction to the principal or assistant principal.
deleted text end

deleted text begin (g) School districts annually by October 1 must report to the Board of School
Administrators all probationary school principals and assistant principals in the district who
were released or whose contracts were not renewed from September 1 of the previous year
through August 31 of the current year.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 122A.09, subdivision 6, is amended to read:


Subd. 6.

Register of persons licensed.

The executive secretary of the new text beginProfessional
Educator Licensing and Standards
new text endBoard deleted text beginof Teaching shalldeleted text endnew text begin mustnew text end keep a record of the
proceedings of and a register of all persons licensed pursuant to the provisions of this chapter.
The register must show the name, address, license number and the renewal of the license.
The board must on July 1, of each year or as soon thereafter as is practicable, compile a list
of such duly licensed teachers deleted text beginand transmit a copy of the list to the boarddeleted text end. A copy of the
register must be available during business hours at the office of the board to any interested
person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 10.

Minnesota Statutes 2016, section 122A.09, subdivision 7, is amended to read:


Subd. 7.

deleted text beginCommissioner's assistance;deleted text endnew text begin Professional Educator Licensing and Standards new text end
Board money.

deleted text beginThe commissioner shall provide all necessary materials and assistance for
the transaction of the business of the Board of Teaching and
deleted text end All moneys received by the
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end shall be paid into the
state treasury as provided by law. The expenses of administering sections 122A.01, 122A.05
to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18,new text begin 122A.181, 122A.182, 122A.183,
122A.184, 122A.185, 122A.186, 122A.187, 122A.188,
new text end 122A.20, 122A.21, 122A.22,
122A.23, new text begin122A.245, new text end122A.26, 122A.30, 122A.40, 122A.41, 122A.42, 122A.45, 122A.49,
122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which are incurred by the new text beginProfessional
Educator Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end shall be paid for from appropriations
made to the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted 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. 11.

Minnesota Statutes 2016, section 122A.09, subdivision 9, is amended to read:


Subd. 9.

new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginmaydeleted text endnew text begin mustnew text end adopt
rules.

new text begin(a) new text endThe new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teaching maydeleted text endnew text begin mustnew text end
adopt rules subject to the provisions of chapter 14 to implement sections 122A.05 to 122A.09,
new text begin 122A.092, new text end122A.16, 122A.17, 122A.18, new text begin122A.183, 122A.184, 122A.185, 122A.186,
122A.187, 122A.188,
new text end122A.20, 122A.21, and 122A.23.

new text begin (b) 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 12.

Minnesota Statutes 2016, section 122A.09, subdivision 10, is amended to read:


Subd. 10.

Permissions.

(a) Notwithstanding subdivision 9 and sections 14.055 and
14.056, the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end may grant
waivers to its rules upon application by a school district or a charter school for purposes of
implementing experimental programs in learning or management.

(b) To enable a school district or a charter school to meet the needs of students enrolled
in an alternative education program and to enable licensed teachers instructing those students
to satisfy content area licensure requirements, the new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end annually may permit a licensed teacher teaching in an
alternative education program to instruct students in a content area for which the teacher is
not licensed, consistent with paragraph (a).

(c) A special education license permission issued by the new text beginProfessional Educator Licensing
and Standards
new text endBoard deleted text beginof Teachingdeleted text end for a primary employer's low-incidence region is valid
in all low-incidence regions.

(d) deleted text beginThe Board of Teaching may issue a one-year professional license under paragraph
(a), which the board may renew two times, to allow a person holding a full credential from
the American Montessori Society, a diploma from Association Montessori Internationale,
or a certificate of completion from a program accredited by the Montessori Accreditation
Council for Teacher Education to teach in a Montessori program operated by a school district
or charter school.
deleted text end

deleted text begin (e) The Board of Teaching may grant a one-year waiver, renewable two times, to allow
individuals who hold a bachelor's degree from an accredited postsecondary institution,
demonstrate occupational competency based on at least three years of full-time work
experience in business or industry, and enroll and make satisfactory progress in an alternative
preparation program leading to certification as a career and technical education instructor
to teach career and technical education courses offered by a school district or charter school.
deleted text end
new text begin A candidate that has obtained career and technical education certification may apply for a
Tier 1 license under section 122A.181.
new text endConsistent with this paragraph and section 136F.361,
the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end must deleted text beginstrongly
encourage
deleted text endnew text begin require approved college or university-basednew text end teacher preparation programs deleted text beginand
institutions
deleted text end throughout Minnesota to develop alternative pathways for certifying and licensing
high school career and technical education instructors and teachers, allowing such candidates
to meet certification and licensure standards that demonstrate their content knowledge,
classroom experience, and pedagogical practices and their qualifications based on a
combination of occupational testing, professional certification or licensure, and long-standing
work experience.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 13.

new text begin [122A.091] REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Teacher and administrator preparation and performance data;
report.
new text end

new text begin (a) The Professional Educator Licensing and Standards Board and the Board of
School Administrators, in cooperation with the Minnesota Association of Colleges of Teacher
Education and Minnesota colleges and universities offering board-adopted teacher or
administrator preparation programs, annually must collect and report summary data on
teacher and administrator preparation and performance outcomes, consistent with this
subdivision. The Professional Educator Licensing and Standards Board and the Board of
School Administrators annually by June 1 must update and post the reported summary
preparation and performance data on teachers and administrators from the preceding school
years on a Web site hosted jointly by the boards.
new text end

new text begin (b) Publicly reported summary data on teacher preparation programs must include:
new text end

new text begin (1) student entrance requirements for each Professional Educator Licensing and Standards
Board-approved program, including grade point average for enrolling students in the
preceding year;
new text end

new text begin (2) the average board-adopted skills examination or ACT or SAT scores of students
entering the program in the preceding year;
new text end

new text begin (3) summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and their years of experience either as kindergarten
through grade 12 classroom teachers or school administrators;
new text end

new text begin (4) the average time resident and nonresident program graduates in the preceding year
needed to complete the program;
new text end

new text begin (5) the current number and percent of students by program who graduated, received a
standard Minnesota teaching license, and were hired to teach full time in their licensure
field in a Minnesota district or school in the preceding year;
new text end

new text begin (6) the number of content area credits and other credits by undergraduate program that
students in the preceding school year needed to complete to graduate;
new text end

new text begin (7) students' pass rates on skills and subject matter exams required for graduation in
each program and licensure area in the preceding school year;
new text end

new text begin (8) survey results measuring student and graduate satisfaction with the program in the
preceding school year;
new text end

new text begin (9) a standard measure of the satisfaction of school principals or supervising teachers
with the student teachers assigned to a school or supervising teacher; and
new text end

new text begin (10) information under subdivision 3, paragraphs (a) and (b).
new text end

new text begin Program reporting must be consistent with subdivision 2.
new text end

new text begin (c) Publicly reported summary data on administrator preparation programs approved by
the Board of School Administrators must include:
new text end

new text begin (1) summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and the years of experience either as kindergarten
through grade 12 classroom teachers or school administrators;
new text end

new text begin (2) the average time program graduates in the preceding year needed to complete the
program;
new text end

new text begin (3) the current number and percent of students who graduated, received a standard
Minnesota administrator license, and were employed as an administrator in a Minnesota
school district or school in the preceding year;
new text end

new text begin (4) the number of credits by graduate program that students in the preceding school year
needed to complete to graduate;
new text end

new text begin (5) survey results measuring student, graduate, and employer satisfaction with the
program in the preceding school year; and
new text end

new text begin (6) information under subdivision 3, paragraphs (c) and (d).
new text end

new text begin Program reporting must be consistent with section 122A.14, subdivision 10.
new text end

new text begin Subd. 2. new text end

new text begin Teacher preparation program reporting. new text end

new text begin By December 31, 2018, and annually
thereafter, the Professional Educator Licensing and Standards Board shall report and publish
on its Web site the cumulative summary results of at least three consecutive years of data
reported to the board under subdivision 1, paragraph (b). Where the data are sufficient to
yield statistically reliable information and the results would not reveal personally identifiable
information about an individual teacher, the board shall report the data by teacher preparation
program.
new text end

new text begin Subd. 3. new text end

new text begin School district reports. new text end

new text begin (a) School districts annually by October 1 must report
to the Professional Educator Licensing and Standards Board the following information for
all teachers who finished the probationary period and accepted a continuing contract position
with the district from September 1 of the previous year through August 31 of the current
year:
new text end

new text begin (1) the effectiveness category or rating of the teacher on the summative evaluation under
section 122A.40, subdivision 8, or 122A.41, subdivision 5;
new text end

new text begin (2) the licensure area in which the teacher primarily taught during the three-year
evaluation cycle; and
new text end

new text begin (3) the teacher preparation program preparing the teacher in the teacher's primary areas
of instruction and licensure.
new text end

new text begin (b) School districts annually by October 1 must report to the Professional Educator
Licensing and Standards Board the following information for all probationary teachers in
the district who were released or whose contracts were not renewed from September 1 of
the previous year through August 31 of the current year:
new text end

new text begin (1) the licensure areas in which the probationary teacher taught; and
new text end

new text begin (2) the teacher preparation program preparing the teacher in the teacher's primary areas
of instruction and licensure.
new text end

new text begin (c) School districts annually by October 1 must report to the Board of School
Administrators the following information for all school principals and assistant principals
who finished the probationary period and accepted a continuing contract position with the
district from September 1 of the previous year through August 31 of the current year:
new text end

new text begin (1) the effectiveness category or rating of the principal or assistant principal on the
summative evaluation under section 123B.147, subdivision 3; and
new text end

new text begin (2) the principal preparation program providing instruction to the principal or assistant
principal.
new text end

new text begin (d) School districts annually by October 1 must report to the Board of School
Administrators all probationary school principals and assistant principals in the district who
were released or whose contracts were not renewed from September 1 of the previous year
through August 31 of the current year.
new text end

new text begin Subd. 4. new text end

new text begin State reports. new text end

new text begin The Professional Educator Licensing and Standards Board must
prepare reports in accordance with section 214.07.
new text end

new text begin Subd. 5. new text end

new text begin Survey of districts. new text end

new text begin (a) The Professional Educator Licensing and Standards
Board must survey the state's school districts and teacher preparation programs and report
to the education committees of the legislature by February 1, 2021, and each odd-numbered
year thereafter on the status of teacher early retirement patterns, the access to effective and
more diverse teachers who reflect the students under section 120B.35, subdivision 3,
paragraph (b), clause (2), enrolled in a district or school, the teacher shortage, and the
substitute teacher shortage, including patterns and shortages in subject areas and the economic
development regions of the state.
new text end

new text begin (b) The report must also include:
new text end

new text begin (1) aggregate data on teachers' self-reported race and ethnicity;
new text end

new text begin (2) data on how districts are making progress in hiring teachers and substitutes in the
areas of shortage; and
new text end

new text begin (3) a five-year projection of teacher demand for each district, taking into account the
students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to enroll
in the district during that five-year period.
new text end

new text begin Subd. 6. new text end

new text begin Implementation report. new text end

new text begin By January 1, 2019, the Professional Educator
Licensing and Standards Board must prepare a report to the legislature on the implementation
of the teacher licensure system established under sections 122A.18 to 122A.184. The report
must include the number of applicants for license in each tier, the number of applications
granted and denied, summary data on the reasons applications were denied, and the status
of the board's rulemaking process for all licensure related rules.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 14.

new text begin [122A.092] TEACHER PREPARATION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin The board must adopt rules to approve teacher preparation
programs.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for board approval. new text end

new text begin Teacher preparation programs must
demonstrate the following to obtain board approval:
new text end

new text begin (1) the program has implemented a research-based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective;
new text end

new text begin (2) the program provides a school-year-long student teaching program that combines
clinical opportunities with academic coursework and in-depth student teaching experiences
to offer students ongoing mentorship, coaching, and assessment, help in preparing a
professional development plan, and structured learning experiences;
new text end

new text begin (3) the program demonstrates effectiveness based on proficiency of graduates in
demonstrating attainment of program outcomes;
new text end

new text begin (4) the program must include a content-specific, board-approved, performance-based
assessment that measures teacher candidates in three areas:
new text end

new text begin (i) planning for instruction and assessment;
new text end

new text begin (ii) engaging students and supporting learning; and
new text end

new text begin (iii) assessing student learning;
new text end

new text begin (5) the program includes a common core of teaching knowledge and skills. 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 clause are covered by chapter
14. The Professional Educator Licensing and Standards Board 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 clause during the most recent school
year; and
new text end

new text begin (6) the program includes instruction on 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.
new text end

new text begin Subd. 3. new text end

new text begin Specialized credentials. new text end

new text begin The board must adopt rules 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.
new text end

new text begin Subd. 4. new text end

new text begin Teacher educators. new text end

new text begin 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 and secondary teaching environments.
new text end

new text begin Subd. 5. new text end

new text begin Reading strategies. new text end

new text begin (a) All colleges and universities approved by the
Professional Educator Licensing and Standards Board to prepare persons for classroom
teacher licensure must include in their teacher preparation programs research-based best
practices in reading, consistent with section 122A.06, subdivision 4, that enables the licensure
candidate to teach reading in the candidate's content areas. Teacher candidates must be
instructed in using students' native languages as a resource in creating effective differentiated
instructional strategies for English learners developing literacy skills. These colleges and
universities also must prepare early childhood and elementary teacher candidates for Tier
3 and Tier 4 teaching licenses under sections 122A.183 and 122A.184, respectively, for the
portion of the examination under section 122A.185, subdivision 1, paragraph (c), covering
assessment of reading instruction.
new text end

new text begin (b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in applying comprehensive, scientifically based, and balanced
reading instruction programs that:
new text end

new text begin (1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students achieve continuous
progress in reading; and
new text end

new text begin (2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.
new text end

new text begin (c) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.
new text end

new text begin Subd. 6. new text end

new text begin Technology strategies. new text end

new text begin All colleges and universities approved by the
Professional Educator Licensing and Standards Board to prepare persons for classroom
teacher licensure must include in their teacher preparation programs the knowledge and
skills teacher candidates need to engage students with technology and deliver digital and
blended learning and curriculum.
new text end

new text begin Subd. 7. new text end

new text begin Remain in effect. new text end

new text begin The approval of teacher preparation programs approved by
the Board of Teaching before the effective date of this section must remain in effect unless
and until the Professional Educator Licensing and Standards Board denies approval or
reapproves the program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 15.

new text begin [122A.093] FRAUD; GROSS MISDEMEANOR.
new text end

new text begin A person who claims to be a licensed teacher without a valid existing license by the
board or any person who employs fraud or deception in applying for or securing a license
is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 16.

Minnesota Statutes 2016, section 122A.22, is amended to read:


122A.22 DISTRICT VERIFICATION OF TEACHER LICENSES.

No person shall be accounted a qualified teacher until the school district or charter school
contracting with the person for teaching services verifies through the Minnesota education
licensing system available on the deleted text begindepartmentdeleted text endnew text begin Professional Educator Licensing and Standards
Board
new text end Web site that the person is a qualified teacher, consistent with sections 122A.16 and
122A.44, subdivision 1.

Sec. 17.

Minnesota Statutes 2016, section 127A.05, subdivision 6, is amended to read:


Subd. 6.

Survey of districts.

The commissioner of education shall survey the state's
school districts and teacher preparation programs and report to the education committees
of the legislature by February 1 of each odd-numbered year new text beginuntil 2020 new text endon the status of
teacher early retirement patterns, the access to effective and more diverse teachers who
reflect the students under section 120B.35, subdivision 3, paragraph (b), clause (2), enrolled
in a district or school, the teacher shortage, and the substitute teacher shortage, including
patterns and shortages in subject areas and the economic development regions of the state.
The report must also include: aggregate data on teachers' self-reported race and ethnicity;
data on how districts are making progress in hiring teachers and substitutes in the areas of
shortage; and a five-year projection of teacher demand for each district, taking into account
the students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to
enroll in the district during that five-year period.

Sec. 18.

Minnesota Statutes 2016, section 214.04, subdivision 1, is amended to read:


Subdivision 1.

Services provided.

The commissioner deleted text beginof education with respect to the
Board of Teaching; the commissioner
deleted text end of public safety with respect to the Board of Private
Detective and Protective Agent Services; the Board of Peace Officer Standards and Training;
and the commissioner of revenue with respect to the Board of Assessors, shall provide
suitable offices and other space, joint conference and hearing facilities, examination rooms,
and the following administrative support services: purchasing service, accounting service,
advisory personnel services, consulting services relating to evaluation procedures and
techniques, data processing, duplicating, mailing services, automated printing of license
renewals, and such other similar services of a housekeeping nature as are generally available
to other agencies of state government. Investigative services shall be provided the boards
by employees of the Office of Attorney General. The commissioner of health with respect
to the health-related licensing boards shall provide mailing and office supply services and
may provide other facilities and services listed in this subdivision at a central location upon
request of the health-related licensing boards. The commissioner of commerce with respect
to the remaining non-health-related licensing boards shall provide the above facilities and
services at a central location for the remaining non-health-related licensing boards. The
legal and investigative services for the boards shall be provided by employees of the attorney
general assigned to the departments servicing the boards. Notwithstanding the foregoing,
the attorney general shall not be precluded by this section from assigning other attorneys
to service a board if necessary in order to insure competent and consistent legal
representation. Persons providing legal and investigative services shall to the extent
practicable provide the services on a regular basis to the same board or boards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 19.

Minnesota Statutes 2016, section 214.04, subdivision 3, is amended to read:


Subd. 3.

Officers; staff.

The executive director of each health-related board and the
executive secretary of each non-health-related board shall be the chief administrative officer
for the board but shall not be a member of the board. The executive director or executive
secretary shall maintain the records of the board, account for all fees received by it, supervise
and direct employees servicing the board, and perform other services as directed by the
board. The executive directors, executive secretaries, and other employees of the following
boards shall be hired by the board, and the executive directors or executive secretaries shall
be in the unclassified civil service, except as provided in this subdivision:

(1) Dentistry;

(2) Medical Practice;

(3) Nursing;

(4) Pharmacy;

(5) Accountancy;

(6) Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design;

(7) Barber Examiners;

(8) Cosmetologist Examiners;

deleted text begin (9) Teaching;
deleted text end

deleted text begin (10)deleted text endnew text begin (9)new text end Peace Officer Standards and Training;

deleted text begin (11)deleted text endnew text begin (10)new text end Social Work;

deleted text begin (12)deleted text endnew text begin (11)new text end Marriage and Family Therapy;

deleted text begin (13)deleted text endnew text begin (12)new text end Dietetics and Nutrition Practice;

deleted text begin (14)deleted text endnew text begin (13)new text end Licensed Professional Counseling; and

deleted text begin (15)deleted text endnew text begin (14)new text end Combative Sports Commission.

The executive directors or executive secretaries serving the boards are hired by those
boards and are in the unclassified civil service, except for part-time executive directors or
executive secretaries, who are not required to be in the unclassified service. Boards not
requiring full-time executive directors or executive secretaries may employ them on a
part-time basis. To the extent practicable, the sharing of part-time executive directors or
executive secretaries by boards being serviced by the same department is encouraged.
Persons providing services to those boards not listed in this subdivision, except executive
directors or executive secretaries of the boards and employees of the attorney general, are
classified civil service employees of the department servicing the board. To the extent
practicable, the commissioner shall ensure that staff services are shared by the boards being
serviced by the department. If necessary, a board may hire part-time, temporary employees
to administer and grade examinations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 20.

Minnesota Statutes 2016, section 214.045, is amended to read:


214.045 COORDINATION WITH new text beginPROFESSIONAL EDUCATOR LICENSING
AND STANDARDS
new text endBOARD deleted text beginOF TEACHINGdeleted text end.

The commissioner of health and the health-related licensing boards must coordinate
with the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end when modifying
licensure requirements for regulated persons in order to have consistent regulatory
requirements for personnel who perform services in schools.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 21. new text beginTRANSFER OF POWERS.
new text end

new text begin (a) The creation of the Professional Educator Licensing and Standards Board shall be
considered a transfer by law of the responsibilities of the Board of Teaching and the
Minnesota Department of Education with respect to licensure and credentialing of teachers
and school personnel to the Professional Educator Licensing and Standards Board for
purposes of Minnesota Statutes, section 15.039. All classified and unclassified positions
associated with the responsibilities being transferred to the Professional Educator Licensing
and Standards Board are transferred with their incumbents to the new agency pursuant to
Minnesota Statutes, section 15.039, subdivision 7, except as otherwise provided in Minnesota
Statutes, section 122A.07.
new text end

new text begin (b) The responsibilities of the Minnesota Department of Education with respect to
licensure of school administrators are transferred by law to the Board of School
Administrators for purposes of section 15.039.
new text end

new text begin (c) The Professional Educator Licensing and Standards Board must review all rules
adopted by the Board of Teaching and amend or repeal rules not consistent with statute.
The Professional Educator Licensing and Standards Board must review all teacher preparation
programs approved by the Board of Teaching to determine whether the approved programs
meet the needs of schools in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 22. new text beginAPPROPRIATIONS.
new text end

new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
fund to the Professional Educator Licensing and Standards Board for teacher licensure
activities.
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. 23. new text beginREVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute the
term "Professional Educator Licensing and Standards Board" for "Board of Teaching"
wherever the term refers to the powers, duties, and responsibilities of the Board of Teaching.
The revisor shall also make grammatical changes related to the change in terms.
new text end

Sec. 24. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2016, section 122A.09, subdivisions 5 and 8, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

ARTICLE 2

LICENSURE

Section 1.

Minnesota Statutes 2016, section 122A.17, is amended to read:


122A.17 VALIDITY OF CERTIFICATES OR LICENSES.

new text begin (a) new text endA rule adopted by the Board of Teachingnew text begin or the Professional Educator Licensing and
Standards Board
new text end must not affect the validity of certificates or licenses to teach in effect on
July 1, 1974, or the rights and privileges of the holders thereof, except that any such
certificate or license may be suspended or revoked for any of the causes and by the procedures
specified by law.

new text begin (b) All teacher licenses in effect on September 1, 2017, shall remain valid for one
additional year after the date the license is scheduled to expire.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 122A.18, subdivision 1, is amended to read:


Subdivision 1.

Authority to license.

(a) The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end must deleted text beginlicense teachers, as defined in section 122A.15,
subdivision 1
, except for supervisory personnel, as defined in section 122A.15, subdivision
2
.
deleted text endnew text begin issue the following teacher licenses to candidates who meet the qualifications prescribed
by this chapter:
new text end

new text begin (1) Tier 1 license under section 122A.181;
new text end

new text begin (2) Tier 2 license under section 122A.182;
new text end

new text begin (3) Tier 3 license under section 122A.183; and
new text end

new text begin (4) Tier 4 license under section 122A.184.
new text end

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

deleted text begin (c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
Administrators, and the commissioner of education must be issued through the licensing
section of the department.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end 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 teacher
education programs. The program approval process must include targeted redesign of teacher
preparation programs to address identified E-12 student areas of concern.

deleted text begin (e)deleted text endnew text begin (d)new text end 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.

deleted text begin (f)deleted text endnew text begin (e)new text end For purposes of the data sharing agreements under paragraphs deleted text begin(d)deleted text endnew text begin (c)new text end and deleted text begin(e)deleted text endnew text begin (d)new text end,
the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end, 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2016, section 122A.18, subdivision 2, is amended to read:


Subd. 2.

deleted text beginTeacher anddeleted text end Support personnel qualifications.

deleted text begin(a)deleted text end The new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end must issue licenses new text beginand credentials new text endunder its
jurisdiction to persons the board finds to be qualified and competent for deleted text begintheir respective
positions, including those meeting the standards adopted under section 122A.09, subdivision
4
, paragraph (n)
deleted text endnew text begin support personnel positionsnew text end.

deleted text begin (b) The board must require a candidate for teacher licensure to demonstrate a passing
score on a board-adopted examination of skills in reading, writing, and mathematics, before
being granted a professional five-year teaching license to provide direct instruction to pupils
in prekindergarten, elementary, secondary, or special education programs, except that the
board may issue up to four temporary, one-year teaching licenses to an otherwise qualified
candidate who has not yet passed a board-adopted skills exam. At the request of the
employing school district or charter school, the Board of Teaching may issue an initial
professional one-year teaching license to an otherwise qualified teacher not passing or
demonstrating a passing score on a board-adopted skills examination in reading, writing,
and mathematics. For purposes of this section, the initial professional one-year teaching
license issued by the board is limited to the current subject or content matter the teacher is
employed to teach and limited to the district or charter school requesting the initial
professional one-year teaching license. If the board denies the request, it must provide a
detailed response to the school administrator as to the reasons for the denial. 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 a board-adopted skills examination, 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 a board-adopted skills examination,
and who received an initial professional one-year teaching 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 a
board-adopted skills examination, the number who achieve a qualifying score on the
examination, the number who do not achieve a qualifying score on the examination, and
the candidates who have not passed a content or pedagogy exam, disaggregated by categories
of race, ethnicity, and eligibility for financial aid.
deleted text end

deleted text begin (c) The Board of Teaching must grant professional five-year teaching licenses only to
those persons who have met board criteria for that license, which includes passing a
board-adopted skills examination in reading, writing, and mathematics, and the exceptions
in section 122A.09, subdivision 4, paragraph (b), that are consistent with this paragraph.
The requirement to pass a board-adopted reading, writing, and mathematics skills
examination, 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 professional five-year
teaching license to provide direct instruction in their native language or world language
instruction under section 120B.022, subdivision 1.
deleted text end

deleted text begin (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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 122A.18, subdivision 2b, is amended to read:


Subd. 2b.

Reading specialist.

deleted text beginNot later than July 1, 2002,deleted text end The new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end must adopt rules providing for reading teacher
licensure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 122A.18, subdivision 7a, is amended to read:


Subd. 7a.

Permission to substitute teach.

(a) The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end may allow a person who is enrolled in and making satisfactory
progress in a board-approved teacher program and who has successfully completed student
teaching to be employed as a short-call substitute teacher.

(b) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end may issue a
lifetime qualified short-call substitute teaching license to a person who:

(1) was a qualified teacher under section 122A.16 while holding a deleted text beginprofessional five-yeardeleted text end
new text begin Tier 3 or Tier 4 new text endteaching license issued by the board,new text begin under sections 122A.183 and 122A.184,
respectively,
new text end and receives a retirement annuity from the Teachers Retirement Association
or the St. Paul Teachers Retirement Fund Association;

(2) holds an out-of-state teaching license and receives a retirement annuity as a result
of the person's teaching experience; or

(3) held a deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3 or Tier 4new text end teaching license issued by the board,new text begin
under sections 122A.183 and 122A.184, respectively,
new text end taught at least three school years in
an accredited nonpublic school in Minnesota, and receives a retirement annuity as a result
of the person's teaching experience.

A person holding a lifetime qualified short-call substitute teaching license is not required
to complete continuing education clock hours. A person holding this license may reapply
to the board for new text begineither:
new text end

new text begin (i) new text enda deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3 or Tier 4new text end teaching licensenew text begin under sections 122A.183
and 122A.184, respectively,
new text end and must again complete continuing education clock hours one
school year after receiving the deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3 or Tier 4new text end teaching licensenew text begin; or
new text end

new text begin (ii) a Tier 1 license under section 122A.181, provided that the candidate has a bachelor's
degree or an appropriate professional credential in the content area the candidate will teach
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 6.

Minnesota Statutes 2016, section 122A.18, subdivision 7c, is amended to read:


Subd. 7c.

Temporary military license.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end shall establish a temporary license in accordance with section
197.4552 for teaching. The fee for a temporary license under this subdivision shall be $87.90
for an online application or $86.40 for a paper application.new text begin The board must provide candidates
for a license under this subdivision with information regarding the tiered licensure system
provided in sections 122A.18 to 122A.184.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 7.

Minnesota Statutes 2016, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background checks.

(a) The new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end and deleted text beginthe commissioner of educationdeleted text endnew text begin the Board of School Administratorsnew text end
must request a criminal history background check from the superintendent of the Bureau
of Criminal Apprehension on all first-time teaching applicants for licenses under their
jurisdiction. Applicants must include with their licensure applications:

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

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent shall recover
the cost to the bureau of a background check through the fee charged to the applicant under
paragraph (a).

(c) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end or the
deleted text begin commissioner of educationdeleted text endnew text begin Board of School Administratorsnew text end may issue a license pending
completion of a background check under this subdivision, but must notify the individual
that the individual's license may be revoked based on the result of the background check.new text begin
The individual must notify the school district or charter school that employs the individual
as a teacher that the individual's license has been revoked.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 8.

Minnesota Statutes 2016, section 122A.18, is amended by adding a subdivision to
read:


new text begin Subd. 10. new text end

new text begin Licensure via portfolio. new text end

new text begin (a) The Professional Educator Licensing and Standards
Board must develop a process for an eligible candidate to obtain any teacher license under
subdivision 1, or to add a licensure field, via portfolio. The portfolio licensure application
process must be consistent with the requirements in this subdivision.
new text end

new text begin (b) A candidate for a license must submit to the board one portfolio demonstrating
pedagogical competence and one portfolio demonstrating content competence.
new text end

new text begin (c) A candidate seeking to add a licensure field must submit to the board one portfolio
demonstrating content competence for each licensure field the candidate seeks to add.
new text end

new text begin (d) The board must notify a candidate who submits a portfolio under paragraph (b) or
(c) within 90 calendar days after the portfolio is received whether or not the portfolio is
approved. 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 revised portfolio within 60 calendar days of receiving it.
new text end

new text begin (e) A candidate must pay to the executive secretary of the board a $300 fee for the first
portfolio submitted for review and a $200 fee for any portfolio submitted subsequently. 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 are nonrefundable for applicants not
qualifying for a license. The board may waive or reduce fees for candidates based on financial
need.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 122A.18, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Rules. new text end

new text begin The Professional Educator Licensing and Standards Board must adopt
rules that set forth criteria for determining the following:
new text end

new text begin (1) similar appropriate credential;
new text end

new text begin (2) relevant work experience; and
new text end

new text begin (3) similar content area.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 10.

new text begin [122A.181] TIER 1 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin The Professional Educator Licensing and Standards
Board must issue a Tier 1 license to a candidate who provides information sufficient to
demonstrate each of the following:
new text end

new text begin (1) a school district or charter school has requested that the candidate be issued a license
to teach in a specified content area. The school district or charter school must provide the
board with confirmation that a criminal background check has been completed for any
candidate for whom a teaching license has been requested;
new text end

new text begin (2) the candidate has completed a bachelor's or associate's degree, or obtained a
professional credential that the school district finds sufficient to teach in a specified content
area; and
new text end

new text begin (3) the candidate has completed the coursework required under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Coursework. new text end

new text begin (a) A candidate for a Tier 1 license must meet the coursework
requirement by demonstrating completion of one of the following:
new text end

new text begin (1) three years of relevant work experience;
new text end

new text begin (2) 2,000 hours of relevant work experience within the preceding five years;
new text end

new text begin (3) at least eight upper division credits in the relevant content area;
new text end

new text begin (4) a passing score on all required licensure exams under section 122A.185;
new text end

new text begin (5) completion of human relations coursework under section 122A.186; or
new text end

new text begin (6) experience teaching in a field for which there is no license.
new text end

new text begin (b) For purposes of paragraph (a), "upper division" means classes normally taken at the
junior or senior level of college which require substantial knowledge and skill in the field.
Candidates must identify the upper division credits that fulfill the requirement in paragraph
(a), clause (3).
new text end

new text begin Subd. 3. new text end

new text begin Term of license. new text end

new text begin 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
three times. The board must issue rules setting forth the conditions for additional renewals
after the initial license has been renewed three times. If the board fails to issue rules providing
conditions for additional renewals, the board must renew a Tier 1 license to a candidate that
meets the renewal requirements provided in statute.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin The Professional Educator Licensing and Standards Board must
accept applications for a Tier 1 teaching license beginning July 1 of the school year for
which the license is requested and must issue or deny the Tier 1 teaching license within 30
days of receiving the completed application.
new text end

new text begin Subd. 5. new text end

new text begin Limitations on license. new text end

new text begin (a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (1), and
limited to the district or charter school that requested the initial Tier 1 license.
new text end

new text begin (b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 11.

new text begin [122A.182] TIER 2 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin The Professional Educator Licensing and Standards
Board must issue a Tier 2 license to a candidate who provides information sufficient to
demonstrate each of the following:
new text end

new text begin (1) the candidate has completed a bachelor's degree, or obtained a professional credential
that the school district finds sufficient to teach in a specified content area; and
new text end

new text begin (2) the candidate has completed the coursework required under subdivision 2, or is
enrolled in an approved teacher preparation program.
new text end

new text begin Subd. 2. new text end

new text begin Coursework. new text end

new text begin (a) A candidate for a Tier 2 license must meet the coursework
requirement by demonstrating completion of two of the following:
new text end

new text begin (1) at least eight upper division credits in the relevant content area;
new text end

new text begin (2) field-specific methods of training;
new text end

new text begin (3) at least two years of teaching experience in a similar content area in any state;
new text end

new text begin (4) a passing score on all required licensure exams under section 122A.185;
new text end

new text begin (5) completion of human relations coursework under section 122A.186; or
new text end

new text begin (6) completion of a state-approved teacher preparation program.
new text end

new text begin (b) For purposes of paragraph (a), "upper division" means classes normally taken at the
junior or senior level of college which require substantial knowledge and skill in the field.
Candidates must identify the upper division credits that fulfill the requirement in paragraph
(a), clause (1).
new text end

new text begin Subd. 3. new text end

new text begin Term of license. new text end

new text begin The Professional Educator Licensing and Standards Board
must issue an initial Tier 2 license for a term of one year. A Tier 2 license may be renewed
three times. The board must issue rules setting forth the conditions for additional renewals
after the initial license has been renewed three times. If the board fails to issue rules providing
conditions for additional renewals, the board must renew a Tier 2 license to a candidate that
meets the renewal requirements provided in statute.
new text end

new text begin Subd. 4. new text end

new text begin Limitations on license. new text end

new text begin A Tier 2 license shall not be construed to bring an
individual within the definition of a teacher for purposes of section 122A.40, subdivision
1, or 122A.41, subdivision 1, clause (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 12.

new text begin [122A.183] TIER 3 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin The Professional Educator Licensing and Standards
Board must issue a Tier 3 license to a candidate who provides information sufficient to
demonstrate all of the following:
new text end

new text begin (1) the candidate has completed a bachelor's degree or obtained a professional credential
that the school district finds sufficient to teach in a specified content area;
new text end

new text begin (2) the candidate has obtained a passing score on all required licensure exams under
section 122A.185;
new text end

new text begin (3) the candidate has completed human relations coursework under section 122A.186;
and
new text end

new text begin (4) the candidate has completed the coursework required under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Coursework. new text end

new text begin A candidate for a Tier 3 license must meet the coursework
requirement by demonstrating completion of one of the following:
new text end

new text begin (1) a Minnesota-approved teacher preparation program;
new text end

new text begin (2) a state-approved teacher preparation program that includes field-specific student
teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs; or
new text end

new text begin (3) a content-specific licensure portfolio.
new text end

new text begin Subd. 3. new text end

new text begin Term of license. new text end

new text begin The Professional Educator Licensing and Standards Board
must issue an initial Tier 3 license for a term of three years. A Tier 3 license may be renewed
every three years without limitation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 13.

new text begin [122A.184] TIER 4 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin The Professional Educator Licensing and Standards
Board must issue a Tier 4 license to a candidate who provides information sufficient to
demonstrate all of the following:
new text end

new text begin (1) the candidate meets all requirements for a Tier 3 license under section 122A.183;
new text end

new text begin (2) the candidate has at least three years of teaching experience in Minnesota; and
new text end

new text begin (3) the candidate has received at least one summative teacher evaluation, rated effective
or higher, pursuant to section 122A.40, subdivision 8, or 122A.41, subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Term of license. new text end

new text begin The Professional Educator Licensing and Standards Board
must issue an initial Tier 4 license for a term of five years. A Tier 4 license may be renewed
every five years without limitation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14.

new text begin [122A.185] TEACHER LICENSURE ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Tests. new text end

new text begin (a) The Professional Educator Licensing and Standards Board
must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
examination of skills in reading, writing, and mathematics before being granted a Tier 3 or
Tier 4 teaching license under sections 122A.183 and 122A.184, respectively, to provide
direct instruction to pupils in elementary, secondary, or special education programs.
Candidates may obtain a Tier 1 or Tier 2 license to provide direct instruction to pupils in
elementary, secondary, or special education programs if candidates meet the other
requirements in section 122A.181 or 122A.182, respectively.
new text end

new text begin (b) The board must adopt rules requiring candidates to pass an examination of general
pedagogical knowledge and examinations of licensure-specific teaching skills.
new text end

new text begin (c) Candidates for initial licenses to teach elementary students must pass test items
assessing the candidates' knowledge, skill, and ability in comprehensive, scientifically based
reading instruction under section 122A.06, subdivision 4, knowledge and understanding of
the foundations of reading development, development of reading comprehension and reading
assessment and instruction, and the ability to integrate that knowledge and understanding
into instruction strategies under section 122A.06, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Passing scores. new text end

new text begin The board must establish passing scores in all examinations
required for licensure.
new text end

new text begin Subd. 3. new text end

new text begin Testing accommodations. new text end

new text begin The board and the entity administering the content,
pedagogy, and skills examinations must allow any individual who produces documentation
of a disability in the form of an evaluation, 504 plan, or individual education program (IEP)
to receive the same testing accommodations on the content, pedagogy, and skills examinations
that the applicant received during the applicant's secondary or postsecondary education.
new text end

new text begin Subd. 4. new text end

new text begin Remedial assistance. new text end

new text begin (a) Colleges and universities offering a board-approved
teacher preparation program and alternative teacher preparation programs must 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 a board-adopted
skills examination, 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.
new text end

new text begin (b) 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 a board-adopted skills examination, and who received a Tier 1 or Tier
2 license under sections 122A.181 and 122A.182, respectively, to teach in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 15.

new text begin [122A.186] HUMAN RELATIONS.
new text end

new text begin The Professional Educator Licensing and Standards Board must adopt rules that provide
how a candidate may meet the human relations coursework requirement. The board shall
accept training programs completed through Peace Corps, VISTA, or Teacher Corps in lieu
of completing the human relations component of a teacher preparation program for purposes
of issuing or renewing a teaching license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 16.

new text begin [122A.187] EXPIRATION AND RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin License form requirements. new text end

new text begin Each license issued under this chapter must
bear the date of issue and the name of the state-approved teacher training provider or
alternative teaching program, as applicable. Licenses must expire and be renewed according
to rules adopted by the Professional Educator Licensing and Standards Board or the Board
of School Administrators. Requirements for renewing a Tier 3 or 4 license under sections
122A.183 and 122A.184, respectively, must include showing satisfactory evidence of
successful teaching or administrative experience for at least one school year during the
period covered by the license in grades or subjects for which the license is valid or completing
such additional preparation as required under this section, or as the Professional Educator
Licensing and Standards Board prescribes. The Board of School Administrators shall
establish requirements for renewing the licenses of supervisory personnel except athletic
coaches. The Professional Educator Licensing and Standards Board shall establish
requirements for renewing the licenses of athletic coaches.
new text end

new text begin Subd. 2. new text end

new text begin Professional growth. new text end

new text begin (a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the expiring license, as a condition of license renewal,
must present to the Professional Educator Licensing and Standards Board evidence of work
that demonstrates professional reflection and growth in best teaching practices, including
among other things, practices in meeting the varied needs of English learners, from young
children to adults under section 124D.59, subdivisions 2 and 2a.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Behavior interventions. new text end

new text begin The Professional Educator Licensing and Standards
Board must adopt rules that require all licensed teachers who are renewing a Tier 3 or Tier
4 teaching license under sections 122A.183 and 122A.184, respectively, to include in the
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.
new text end

new text begin Subd. 4. new text end

new text begin Reading preparation. new text end

new text begin The Professional Educator Licensing and Standards
Board must adopt rules that require all licensed teachers who are renewing a Tier 3 or Tier
4 teaching license under sections 122A.183 and 122A.184, respectively, to include in the
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.
new text end

new text begin Subd. 5. new text end

new text begin Mental illness. new text end

new text begin The Professional Educator Licensing and Standards Board must
adopt rules that require all licensed teachers renewing a Tier 3 or Tier 4 teaching license
under sections 122A.183 and 122A.184, respectively, to include in the renewal requirements
at least one hour of suicide prevention best practices 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, and 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' roles 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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 17.

new text begin [122A.188] LICENSURE DENIAL; APPEAL.
new text end

new text begin Subdivision 1. new text end

new text begin Denial letter. new text end

new text begin (a) The Professional Educator Licensing and Standards
Board must promptly inform all candidates whether the candidate's application for an initial
teaching license or renewal of license has been approved or denied. When an application
is denied, the notification letter must inform the candidate of the process for seeking review
of the denial and of the appeals process provided in this section, including all deadlines for
seeking review of the denial decision and filing an appeal. The notification letter must
identify each licensure requirement the candidate failed to meet.
new text end

new text begin (b) For purposes of this section, the term "denial" means denial of an initial license or
a denial of a renewal license. Denial of an initial license includes a grant of a license that
is a lower tier than the candidate applied for and denial of application for an additional field
of licensure.
new text end

new text begin Subd. 2. new text end

new text begin Review of denial. new text end

new text begin A candidate whose license application is denied may seek
review of the denial by submitting a letter to the Professional Educator Licensing and
Standards Board within 30 calendar days of receipt of the denial letter. The candidate may
include any documentation necessary to demonstrate that the candidate meets the licensure
requirements. The board must review the denial within 60 calendar days of receipt of the
letter seeking review. If the board affirms the denial, the board must send the candidate a
letter identifying each licensure requirement the candidate failed to meet and informing the
candidate of the appeal process provided under this section.
new text end

new text begin Subd. 3. new text end

new text begin Appeal. new text end

new text begin A candidate whose application for license or license renewal has been
denied under subdivisions 1 and 2 may appeal the decision by filing a written request with
the Professional Educator Licensing and Standards Board within 30 days of notice that the
board has affirmed the denial of license. The board must then initiate a contested case under
the Administrative Procedure Act, sections 14.001 to 14.69.
new text end

Sec. 18.

Minnesota Statutes 2016, section 122A.19, is amended to read:


122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE TEACHERS;
LICENSES.

Subdivision 1.

Bilingual and English as a second language licenses.

The new text beginProfessional
Educator Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end, hereinafter the board, must grant
teaching licenses in bilingual education and English as a second language to persons who
present satisfactory evidence that they:

deleted text begin (a)deleted text endnew text begin (1)new text end possess competence and communicative skills in English and in another language;

deleted text begin (b)deleted text endnew text begin (2)new text end possess a bachelor's degree or other academic degree approved by the board, and
meet such requirements as to course of study and training as the board may prescribe,
consistent with subdivision 4new text begin; and
new text end

new text begin (3) meet all other requirements for a teaching license provided in sections 122A.18 to
122A.184
new text end.

Subd. 2.

Persons holding general teaching licenses.

The board may license a person
who holds a deleted text begingeneraldeleted text end teaching license new text beginin any tier under sections 122A.181 and 122A.184,
respectively,
new text endand who presents the board with satisfactory evidence of competence and
communicative skills in a language other than English under this section.

Subd. 4.

Teacher preparation programs.

For the purpose of licensing bilingual and
English as a second language teachers, the board may approve programs at colleges or
universities designed for their training. These programs must provide instruction in
implementing research-based practices designed specifically for English learners. The
programs must focus on developing English learners' academic language proficiency in
English, including oral academic language, giving English learners meaningful access to
the full school curriculum, developing culturally relevant teaching practices appropriate for
immigrant students, and providing more intensive instruction and resources to English
learners with lower levels of academic English proficiency and varied needs, consistent
with section 124D.59, subdivisions 2 and 2a.

Subd. 5.

Persons eligible for employment.

Any person licensed under this section is
eligible for employment by a school board as a teacher in a bilingual education or English
as a second language program in which the language for which the person is licensed is
taught or used as a medium of instruction. A board may prescribe only those additional
qualifications for teachers licensed under this section that are approved by the board deleted text beginof
teaching
deleted text end.

Subd. 6.

Affirmative efforts in hiring.

In hiring for all bilingual education program
positions, districts must give preference to and make affirmative efforts to seek, recruit, and
employ persons who (1) are native speakers of the language which is the medium of
instruction in the bilingual education program or share a native language with the majority
of their students, and (2) share the culture of the English learners enrolled in the program.
The district shall provide procedures for involving the parent advisory committees in
designing the procedures for recruiting, screening, and selecting applicants. This section
must not be construed to limit the school board's authority to hire and discharge personnel.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 19.

Minnesota Statutes 2016, section 122A.20, is amended to read:


122A.20 SUSPENSION OR REVOCATION OF LICENSES.

Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The new text beginProfessional
Educator Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end or Board of School Administrators,
whichever has jurisdiction over a teacher's licensure, may, on the written complaint of the
school board employing a teacher, a teacher organization, or any other interested person,
refuse to issue, refuse to renew, suspend, or revoke a teacher's license to teach for any of
the following causes:

(1) immoral character or conduct;

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; or

(5) fraud or misrepresentation in obtaining a license.

The written complaint must specify the nature and character of the charges.

(b) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end or Board of
School Administrators, whichever has jurisdiction over a teacher's licensure, shall refuse
to issue, refuse to renew, or automatically revoke a teacher's license to teach without the
right to a hearing upon receiving a certified copy of a conviction showing that the teacher
has been convicted of child abuse, as defined in section 609.185, sex trafficking in the first
degree under section 609.322, subdivision 1, sex trafficking in the second degree under
section 609.322, subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage
in prostitution under section 609.324, subdivision 1, sexual abuse under section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, solicitation
of children to engage in sexual conduct or communication of sexually explicit materials to
children under section 609.352, interference with privacy under section 609.746 or stalking
under section 609.749 and the victim was a minor, using minors in a sexual performance
under section 617.246, possessing pornographic works involving a minor under section
617.247, or any other offense not listed in this paragraph that requires the person to register
as a predatory offender under section 243.166, or a crime under a similar law of another
state or the United States. The board shall send notice of this licensing action to the district
in which the teacher is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's
conviction for child abuse or sexual abuse is reversed by a final decision of the Court of
Appeals or the Supreme Court or if the person has received a pardon for the offense. The
petitioner shall attach a certified copy of the appellate court's final decision or the pardon
to the petition. Upon receiving the petition and its attachment, the board shall schedule and
hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the
petitioner waives the right to a hearing. If the board finds that, notwithstanding the reversal
of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified
from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing
action. If the board finds that the petitioner is not disqualified from teaching under paragraph
(a), clause (1), it shall reverse its previous licensing action.

(d) For purposes of this subdivision, the new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end is delegated the authority to suspend or revoke coaching licenses.

Subd. 2.

Mandatory reporting.

A school board must report to the new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end, the Board of School Administrators, or the
Board of Trustees of the Minnesota State Colleges and Universities, whichever has
jurisdiction over the teacher's or administrator's license, when its teacher or administrator
is discharged or resigns from employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed
that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses
(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation
is pending under section 122A.40, subdivision 13, paragraph (a) clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1)
, (2), and (3), and 7; or 626.556, or when a teacher or administrator
is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
licensing board within ten days after the discharge, suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the report for violation of
subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
any provision in chapter 13 or any law to the contrary, upon written request from the licensing
board having jurisdiction over the license, a board or school superintendent shall provide
the licensing board with information about the teacher or administrator from the district's
files, any termination or disciplinary proceeding, any settlement or compromise, or any
investigative file. Upon written request from the appropriate licensing board, a board or
school superintendent may, at the discretion of the board or school superintendent, solicit
the written consent of a student and the student's parent to provide the licensing board with
information that may aid the licensing board in its investigation and license proceedings.
The licensing board's request need not identify a student or parent by name. The consent
of the student and the student's parent must meet the requirements of chapter 13 and Code
of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
form to the district. Any data transmitted to any board under this section is private data
under section 13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.

The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.

Subd. 3.

Immunity from liability.

A school board, its members in their official capacity,
and employees of the district run by the board are immune from civil or criminal liability
for reporting or cooperating as required under subdivision 2, if their actions required under
subdivision 2 are done in good faith and with due care.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 20.

Minnesota Statutes 2016, section 122A.23, subdivision 3, is amended to read:


Subd. 3.

Teacher licensure agreements with adjoining states.

(a) Notwithstanding
any other law to the contrary, the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof
Teaching
deleted text end must enter into a National Association of State Directors of Teacher Education
and Certification (NASDTEC) interstate agreement and other interstate agreements for
teacher licensure to allow fully certified teachers from adjoining states to transfer their
certification to Minnesota. The board must enter into these interstate agreements only after
determining that the rigor of the teacher licensure or certification requirements in the
adjoining state is commensurate with the rigor of Minnesota's teacher licensure requirements.
The board may limit an interstate agreement to particular content fields or grade levels based
on established priorities or identified shortages. This subdivision does not apply to
out-of-state applicants holding only a provisional teaching license.

(b) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end must work
with designated authorities in adjoining states to establish interstate teacher licensure
agreements under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 21.

Minnesota Statutes 2016, 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 new text beginProfessional
Educator Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end must approve qualified teacher
preparation programs under this section that are a means to acquire a deleted text begintwo-year preliminarydeleted text endnew text begin
Tier 2
new text end teacher licensenew text begin under section 122A.182new text end, deleted text beginwhich the board may renew one time for an
additional one-year term,
deleted text end and to prepare for acquiring a deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3new text end licensenew text begin
under section 122A.183
new text end. The following entities are eligible to participate under this section:

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

(2) a school district or charter school, after consulting with a college or university with
a board-approved teacher preparation program, 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.

(b) Before becoming a teacher of record, 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 adopted by
January 1, 2016;

(2) demonstrate a passing score on a board-adopted reading, writing, and mathematics
skills examination under section 122A.09, subdivision 4, paragraph (b); 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 new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end must issue
a deleted text begintwo-year preliminarydeleted text endnew text begin Tier 2new text end teacher license new text beginunder section 122A.182 new text endto a person who
enrolls in an alternative teacher preparation program.

Sec. 22.

Minnesota Statutes 2016, section 122A.245, subdivision 2, is amended to read:


Subd. 2.

Characteristics.

An alternative teacher preparation program under this section
must include:

(1) a minimum 200-hour instructional phase that provides intensive preparation and
student teaching before the teacher candidate assumes classroom responsibilities;

(2) a research-based and results-oriented approach focused on best teaching practices
to increase student proficiency and growth measured against state academic standards;

(3) strategies to combine pedagogy and best teaching practices to better inform teacher
candidates' classroom instruction;

(4) assessment, supervision, and evaluation of teacher candidates to determine their
specific needs throughout the program and to support their efforts to successfully complete
the program;

(5) intensive, ongoing, and multiyear professional learning opportunities that accelerate
teacher candidates' professional growth, support student learning, and provide a workplace
orientation, professional staff development, and mentoring and peer review focused on
standards of professional practice and continuous professional growth; and

(6) a requirement that teacher candidates demonstrate to the local site team under
subdivision 5 satisfactory progress toward acquiring deleted text beginprofessional five-yeardeleted text endnew text begin a Tier 3new text end teaching
deleted text begin licensesdeleted text endnew text begin licensenew text end from the new text beginProfessional Educator Licensing and Standards new text endBoarddeleted text begin of Teachingdeleted text endnew text begin
under section 122A.183
new text end.

Sec. 23.

Minnesota Statutes 2016, section 122A.245, subdivision 3, is amended to read:


Subd. 3.

Program approval; disapproval.

(a) The new text beginProfessional Educator Licensing
and Standards
new text endBoard deleted text beginof Teachingdeleted text end 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.

(b) The board must permit teacher candidates to demonstrate mastery of pedagogy and
content standards in school-based settings and through other nontraditional means.
"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.

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

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

deleted text begin (e)deleted text endnew text begin (c)new text end If the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end 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. 24.

Minnesota Statutes 2016, section 122A.245, subdivision 5, is amended to read:


Subd. 5.

deleted text beginApprovaldeleted text endnew text begin Applicationnew text end for deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3new text end license.

deleted text begin A school
board or its designee must appoint members to a local site team that includes teachers,
school administrators, and postsecondary faculty under subdivision 1, paragraph (a), clause
(1), or staff of a participating nonprofit corporation under subdivision 1, paragraph (a),
clause (2), to evaluate the performance of the teacher candidate. The evaluation must be
consistent with board-adopted performance measures, use the Minnesota state standards of
effective practice and subject matter content standards for teachers established in Minnesota
Rules, and include a report to the board recommending whether or not to issue the teacher
candidate a professional five-year teaching license.
deleted text end new text begin A teacher candidate that has completed
an alternative teacher preparation program may apply for a Tier 3 teaching license under
section 122A.183.
new text end

Sec. 25.

Minnesota Statutes 2016, section 122A.245, subdivision 6, is amended to read:


Subd. 6.

Applicants trained in other states.

A person who successfully completes
another state's alternative teacher preparation program, consistent with section 122A.23,
may apply to the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end for deleted text beginan
initial professional one-year teaching license or a professional five-year
deleted text endnew text begin a Tier 2 or Tier 3new text end
teaching licensenew text begin under section 122A.182 or 122A.183, respectivelynew text end.

Sec. 26.

Minnesota Statutes 2016, section 122A.245, subdivision 9, is amended to read:


Subd. 9.

Exchange of best practices.

By July 31 in an even-numbered year, approved
alternative preparation program providers, the Minnesota State Colleges and Universities,
the University of Minnesota, the Minnesota Private College Council,new text begin the Professional
Educator Licensing and Standards Board,
new text end and the Department of Education must exchange
information about best practices and educational innovations.

Sec. 27.

Minnesota Statutes 2016, section 122A.26, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

A person who teaches in a community education program which
qualifies for aid pursuant to section 124D.52 shall continue to meet licensure requirements
as a teacher. A person who teaches in an early childhood and family education program
which is offered through a community education program and which qualifies for community
education aid pursuant to section 124D.20 or early childhood and family education aid
pursuant to section 124D.135 shall continue to meet licensure requirements as a teacher. A
person who teaches in a community education course which is offered for credit for
graduation to persons under 18 years of age shall continue to meet licensure requirements
as a teacher. A person who teaches a driver training course which is offered through a
community education program to persons under 18 years of age shall be licensed by the
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end or be subject to section
171.35. A license which is required for an instructor in a community education program
pursuant to this subdivision shall not be construed to bring an individual within the definition
of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1,
clause (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 28.

Minnesota Statutes 2016, section 122A.28, is amended to read:


122A.28 TEACHERS OF DEAF AND HARD-OF-HEARING STUDENTS;
LICENSURE REQUIREMENTS.

Subdivision 1.

K-12 license to teach deaf and hard-of-hearing students; relicensure.

(a) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end must review and
determine appropriate licensure requirements for a candidate for a license or an applicant
for a continuing license to teach deaf and hard-of-hearing students in prekindergarten through
grade 12. In addition to other requirements, a candidate must demonstrate the minimum
level of proficiency in American sign language as determined by the board.

(b) Among other relicensure requirements, each teacher under this section must complete
30 continuing education clock hours on hearing loss topics, including American Sign
Language, American Sign Language linguistics, or deaf culture, in each licensure renewal
period.

Subd. 2.

Licensure for teaching oral/aural deaf education programs.

(a) The
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end shall adopt a separate
licensure rule for a candidate for a license or an applicant for a continuing license to teach
in oral/aural deaf education programs or to provide services, including itinerant oral/aural
deaf education services, to deaf and hard-of-hearing students in prekindergarten through
grade 12.

(b) The board shall design rule requirements for teaching oral/aural deaf education in
collaboration with representatives of parents and educators of deaf and hard-of-hearing
students, postsecondary programs preparing teachers of deaf and hard-of-hearing students,
and the Department of Education.

(c) Rule requirements for teaching oral/aural deaf education shall reflect best practice
research in oral/aural deaf education. Advanced competencies in teaching deaf and
hard-of-hearing students through oral/aural modes shall be included.

(d) Licensure requirements for teachers of oral/aural deaf education must include
minimum competency in American sign language, but are not subject to the guidelines
established in Laws 1993, chapter 224, article 3, section 32, as amended by Laws 1998,
chapter 398, article 2, section 47. The signed communication proficiency interview shall
not be required for teachers licensed to teach deaf and hard-of-hearing students through
oral/aural deaf education methods.

(e) Requirements for teachers or oral/aural deaf education shall include appropriate
continuing education requirements for renewing this licensure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 29.

Minnesota Statutes 2016, section 122A.29, is amended to read:


122A.29 TEACHERS OF BLIND AND VISUALLY IMPAIRED STUDENTS;
LICENSURE REQUIREMENTS.

Teachers licensed in the education of blind and visually impaired students must
demonstrate competence in reading and writing Braille. The new text beginProfessional Educator Licensing
and Standards
new text endBoard deleted text beginof Teachingdeleted text end, at such time as a valid and reliable test is available, shall
adopt a rule to assess these competencies that is consistent with the standards of the National
Library Services for the Blind and Physically Handicapped.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 30.

Minnesota Statutes 2016, section 122A.30, is amended to read:


122A.30 EXEMPTION FOR TECHNICAL EDUCATION INSTRUCTORS.

(a) Notwithstanding section 122A.15, subdivision 1, and upon approval of the local
employer school board, a person who teaches in a part-time vocational or career and technical
education program is exempt from a license requirement. Nothing in this section shall
exclude licensed career and technical educators from the definition of "teacher" in section
122A.40, 122A.41, or 179A.03.

(b) This section expires June 30, 2020.new text begin After this section expires, persons who teach in
a part-time vocational or career and technical education program may apply for a teaching
license provided in sections 122A.18 to 122A.184.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 31.

Minnesota Statutes 2016, section 124D.13, subdivision 11, is amended to read:


Subd. 11.

Teachers.

A school board must employ necessary licensed teachers for its
early childhood family education programs. deleted text beginThe Board of Teaching, at its discretion, may
grant an applicant a variance under this subdivision, consistent with sections 122A.09,
subdivision 10
, and 122A.25, and Board of Teaching rules.
deleted text end

Sec. 32.

Minnesota Statutes 2016, section 124D.454, subdivision 12, is amended to read:


Subd. 12.

Compliance with rules.

Aid must be paid under this section only for services
rendered or for costs incurred in career and technical education programs approved by the
commissioner and operated in accordance with rules promulgated by the commissioner.
This aid shall be paid only for services rendered and for costs incurred by essential, licensed
personnel who meet the requirements for licensure pursuant to the rules of the deleted text beginMinnesotadeleted text end
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end. Licensed personnel
means persons holding a valid career and technical license issued by the deleted text begincommissionerdeleted text endnew text begin
Professional Educator Licensing and Standards Board under section 122A.30
new text end. If an average
of five or fewer secondary full-time equivalent students are enrolled per teacher in an
approved postsecondary program at Intermediate District No. 287, 916, or 917, licensed
personnel means persons holding a valid vocational license issued by the commissioner or
the Board of Trustees of the Minnesota State Colleges and Universities. Notwithstanding
section 127A.42, the commissioner may modify or withdraw the program or aid approval
and withhold aid under this section without proceeding under section 127A.42 at any time.
To do so, the commissioner must determine that the program does not comply with rules
of the Department of Education or that any facts concerning the program or its budget differ
from the facts in the district's approved application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 33.

Minnesota Statutes 2016, section 124D.75, subdivision 1, is amended to read:


Subdivision 1.

American Indian language and culture education licenses.

The
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end, in consultation with the
Tribal Nations Education Committee, must grant initial and continuing teaching licenses
in American Indian language and culture education that bear the same duration as other
initial and continuing licenses. The board must grant licenses to persons who present
satisfactory evidence that they:

(1) possess competence in an American Indian language or possess unique qualifications
relative to or knowledge and understanding of American Indian history and culture; or

(2) possess a bachelor's degree or other academic degree approved by the board or meet
such requirements as to course of study and training as the board may prescribe, or possess
such relevant experience as the board may prescribe.

This evidence may be presented by affidavits, tribal resolutions, or by such other methods
as the board may prescribe. Individuals may present applications for licensure on their own
behalf or these applications may be submitted by the superintendent or other authorized
official of a school district, participating school, or an American Indian school.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 34.

Minnesota Statutes 2016, section 124D.75, subdivision 6, is amended to read:


Subd. 6.

Persons eligible for employment; exemptions.

Any person licensed under
this section shall be eligible for employment by a school board or a participating school as
a teacher in an American Indian education program in which the American Indian language
or culture in which the person is licensed is taught. A school district or participating school
may prescribe only those additional qualifications for teachers licensed under this section
as are approved by the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end.
Any school board or participating school upon request may be exempted from the licensure
requirements of this section in the hiring of one or more American Indian language and
culture education teachers for any school year in which compliance would, in the opinion
of the deleted text begincommissionerdeleted text endnew text begin Professional Educator Licensing and Standards Boardnew text end, create a hardship
in the securing of the teachers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 35.

Minnesota Statutes 2016, section 125A.67, subdivision 2, is amended to read:


Subd. 2.

Teacher standards.

A teacher deleted text beginor administrator at the academiesdeleted text end is subject to
the licensure standards of the new text beginProfessional Educator Licensure and Standards new text endBoard deleted text beginof
Teaching or the commissioner of education
deleted text end.new text begin An administrator at the academies is subject
to the licensure standards of the Board of School Administrators.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 36.

Minnesota Statutes 2016, section 136A.1791, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The terms used in this section have the meanings given
them in this subdivision.

(b) "Qualified educational loan" means a government, commercial, or foundation loan
for actual costs paid for tuition and reasonable educational and living expenses related to a
teacher's preparation or further education.

(c) "School district" means an independent school district, special school district,
intermediate district, education district, special education cooperative, service cooperative,
a cooperative center for vocational education, or a charter school located in Minnesota.

(d) "Teacher" means an individual holding a teaching license issued by the deleted text beginlicensing
division in the Department of Education on behalf of the
deleted text enddeleted text begin Board of Teachingdeleted text endnew text begin Professional
Educator Licensure and Standards Board
new text end who is employed by a school district to provide
classroom instruction in a teacher shortage area.

(e) "Teacher shortage area" means the licensure fields and economic development regions
reported by the commissioner of education as experiencing a teacher shortage.

(f) "Commissioner" means the commissioner of the Office of Higher Education unless
indicated otherwise.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 37. new text beginLICENSES UNDER JURISDICTION OF THE BOARD OF TEACHING.
new text end

new text begin Subdivision 1. new text end

new text begin One-year license. new text end

new text begin A one-year license issued by the commissioner of
education before the effective date of this section must be treated as a Tier 1 license
established under Minnesota Statutes, sections 122A.18 and 122A.181.
new text end

new text begin Subd. 2. new text end

new text begin Two-year license. new text end

new text begin A two-year license issued by the commissioner of education
before the effective date of this section must be treated as a Tier 2 license established under
Minnesota Statutes, sections 122A.18 and 122A.182.
new text end

new text begin Subd. 3. new text end

new text begin Three-year license. new text end

new text begin A three-year license issued by the commissioner of
education before the effective date of this section must be treated as a Tier 3 license
established under Minnesota Statutes, sections 122A.18 and 122A.183.
new text end

new text begin Subd. 4. new text end

new text begin Five-year license. new text end

new text begin A five-year license issued by the commissioner of education
before the effective date of this section must be treated as a Tier 3 license established under
Minnesota Statutes, sections 122A.18 and 122A.183.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2017.
new text end

Sec. 38. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 122A.14, subdivision 5; 122A.162; 122A.163;
122A.18, subdivisions 2a, 3, 3a, 4, 4a, 6, and 7; 122A.21, subdivision 2; 122A.23,
subdivisions 1 and 2; 122A.245, subdivisions 7, 8, and 10; and 122A.25,
new text end new text begin are repealed.
new text end

ARTICLE 3

NONTEACHER CREDENTIALING

Section 1.

Minnesota Statutes 2016, section 120B.363, subdivision 1, is amended to read:


Subdivision 1.

Rulemaking.

The new text beginProfessional Educator Licensing and Standards new text endBoard
deleted text begin of Teachingdeleted 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, the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof
Teaching
deleted text end, in consultation with the commissioner, 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.

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Statutes: 17-2815

122A.09 DUTIES.

Subd. 5.

Commissioner's representative to comment on proposed rule.

Before the Board of Teaching adopts any rule that must be submitted to public hearing, a representative of the commissioner shall appear before the Board of Teaching and at the hearing required under section 14.14, subdivision 1, to comment on the cost and educational implications of that proposed rule.

Subd. 8.

Fraud; gross misdemeanor.

A person who claims to be a licensed teacher without a valid existing license issued by the board or any person who employs fraud or deception in applying for or securing a license is guilty of a gross misdemeanor.

122A.14 DUTIES OF BOARD OF SCHOOL ADMINISTRATORS.

Subd. 5.

Commissioner's representative to comment on proposed rule.

Before adopting any rule that must be submitted to public hearing, a representative of the commissioner of education shall appear before the board and at any hearing required under section 14.14, subdivision 1, to comment on the cost and educational implications of the proposed rule.

122A.162 LICENSURE RULES.

The commissioner may make rules relating to licensure of school personnel not licensed by the Board of Teaching or Board of School Administrators.

122A.163 TEACHER RULE VARIANCES; COMMISSIONER.

Notwithstanding any law to the contrary, and only upon receiving the agreement of the State Board of Teaching or Board of School Administrators, whichever has jurisdiction over the licensure, the commissioner of education may grant a variance to rules governing licensure of persons licensed by the Board of Teaching or Board of School Administrators, whichever has jurisdiction.

122A.18 BOARD TO ISSUE LICENSES.

Subd. 2a.

Reading strategies.

(a) All colleges and universities approved by the Board of Teaching to prepare persons for classroom teacher licensure must include in their teacher preparation programs research-based best practices in reading, consistent with section 122A.06, subdivision 4, that enable the licensure candidate to know how to teach reading in the candidate's content areas. Teacher candidates must be instructed in using students' native languages as a resource in creating effective differentiated instructional strategies for English learners developing literacy skills. These colleges and universities also must prepare early childhood and elementary teacher candidates for professional five-year teaching licenses for the portion of the examination under section 122A.09, subdivision 4, paragraph (e), covering assessment of reading instruction.

(b) Board-approved teacher preparation programs for teachers of elementary education must require instruction in applying comprehensive, scientifically based, and balanced reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies consistent with section 122A.06, subdivision 4, so that all students achieve continuous progress in reading; and

(2) teach specialized instruction in reading strategies, interventions, and remediations that enable students of all ages and proficiency levels to become proficient readers.

(c) Nothing in this section limits the authority of a school district to select a school's reading program or curriculum.

Subd. 3.

Supervisory and coach qualifications; code of ethics.

The commissioner of education must issue licenses under its jurisdiction to persons the commissioner finds to be qualified and competent for their respective positions under the rules it adopts. The commissioner of education may develop, by rule, a code of ethics for supervisory personnel covering standards of professional practices, including areas of ethical conduct and professional performance and methods of enforcement.

Subd. 3a.

Technology strategies.

All colleges and universities approved by the Board of Teaching to prepare persons for classroom teacher licensure must include in their teacher preparation programs the knowledge and skills teacher candidates need to deliver digital and blended learning and curriculum and engage students with technology.

Subd. 4.

Expiration and renewal.

(a) Each license the Department of Education issues through its licensing section must bear the date of issue and the name of the state-approved teacher training provider. Licenses must expire and be renewed according to the respective rules the Board of Teaching, the Board of School Administrators, or the commissioner of education adopts. Requirements for renewing a license must include showing satisfactory evidence of successful teaching or administrative experience for at least one school year during the period covered by the license in grades or subjects for which the license is valid or completing such additional preparation as the Board of Teaching prescribes. The Board of School Administrators shall establish requirements for renewing the licenses of supervisory personnel except athletic coaches. The State Board of Teaching shall establish requirements for renewing the licenses of athletic coaches.

(b) Applicants for license renewal who have been employed as a teacher during the renewal period of their expiring license, as a condition of license renewal, must present to their local continuing education and relicensure committee or other local relicensure committee evidence of work that demonstrates professional reflection and growth in best teaching practices, including among other things, practices in meeting the varied needs of English learners, from young children to adults under section 124D.59, subdivisions 2 and 2a. The applicant must include a reflective statement of professional accomplishment and the applicant's own assessment of professional growth showing evidence of:

(1) support for student learning;

(2) use of best practices techniques and their applications to student learning;

(3) collaborative work with colleagues that includes examples of collegiality such as attested-to committee work, collaborative staff development programs, and professional learning community work; or

(4) continual professional development that may include (i) job-embedded or other ongoing formal professional learning or (ii) for teachers employed for only part of the renewal period of their expiring license, other similar professional development efforts made during the relicensure period.

The Board of Teaching must ensure that its teacher relicensing requirements also include this paragraph.

(c) The Board of Teaching shall offer alternative options for license renewal for teachers who are accepted into and complete the National Board for Professional Teaching Standards certification process, and offer additional continuing relicensure options for teachers who earn National Board for Professional Teaching Standards certification. Continuing relicensure requirements for teachers who do not maintain National Board for Professional Teaching Standards certification are those the board prescribes, consistent with this section.

Subd. 4a.

Limited provisional licenses.

The board may grant two-year provisional licenses to licensure candidates in a field in which they were not previously licensed or in a field in which a shortage of licensed teachers exists. A shortage is defined as an inadequate supply of licensed personnel in a given licensure area as determined by the commissioner.

Subd. 6.

Human relations.

The Board of Teaching shall accept training programs completed through Peace Corps, VISTA, or Teacher Corps in lieu of completing the human relations component of the training program for purposes of issuing or renewing a teaching license.

Subd. 7.

Limited provisional licenses.

The Board of Teaching may grant provisional licenses, which shall be valid for two years, in fields in which licenses were not issued previously or in fields in which a shortage of licensed teachers exists. A shortage is defined as a lack of or an inadequate supply of licensed personnel within a given licensure area in a school district that has notified the Board of Teaching of the shortage and has applied to the Board of Teaching for provisional licenses for that district's licensed staff.

122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.

Subd. 2.

Licensure via portfolio.

(a) An eligible candidate may use licensure via portfolio to obtain a professional five-year teaching license or to add a licensure field, consistent with applicable Board of Teaching licensure rules.

(b) A candidate for a professional five-year teaching license must submit to the Educator Licensing Division at the department one portfolio demonstrating pedagogical competence and one portfolio demonstrating content competence.

(c) A candidate seeking to add a licensure field must submit to the Educator Licensing Division at the department one portfolio demonstrating content competence.

(d) The Board of Teaching must notify a candidate who submits a portfolio under paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not the portfolio was approved. If the portfolio was 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 Educator Licensing Division at the department must approve or disapprove the portfolio within 60 calendar days of receiving it.

(e) 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 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.

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, 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 coursework in teacher preparation 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 policies and procedures by January 1, 2016, 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 by January 1, 2016, 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 professional five-year teaching license or an initial professional one-year teaching license under paragraphs (c) to (f) to an applicant who holds at least a baccalaureate degree from a regionally accredited college or university and holds or held an out-of-state teaching license that requires the applicant to successfully complete a teacher preparation program approved by the issuing state, which includes either (1) field-specific teaching methods, student teaching, or equivalent experience, or (2) at least two years of teaching experience as the teacher of record in a similar licensure area.

(b) The Board of Teaching may issue a professional five-year teaching license on the basis of teaching experience and examination requirements only.

(c) The Board of Teaching must issue a professional five-year 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 a similar 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, 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 area.

(d) The Board of Teaching, consistent with board rules and paragraph (i), must issue up to four initial professional one-year teaching licenses to an applicant who holds or held an out-of-state teaching license to teach a similar licensure area 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. The board must issue a professional five-year teaching license to an applicant who successfully completes the requirements under this paragraph.

(e) The Board of Teaching, consistent with board rules, must issue up to four initial professional one-year 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 a similar licensure area 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 by successfully participating in a one-year school district mentorship program consistent with board-adopted standards of effective practice and Minnesota graduation requirements. If no school district mentorship program is available, the applicant must complete field-specific teaching methods coursework while serving as a teacher of record and providing classroom instruction in the applicant's field of licensure. The board must issue a professional five-year teaching license to an applicant who successfully completes the requirements under this paragraph.

(f) The Board of Teaching must issue to an applicant with an out-of-state teaching license up to four initial professional one-year teaching licenses that are restricted in content or grade levels specified in the out-of-state license if the applicant's out-of-state teaching license is more limited than a similar Minnesota license in content field or grade levels. The Board of Teaching must issue a professional five-year teaching license to an applicant who successfully completes all exams and human relations preparation components required by the Board of Teaching. Any content or grade level restriction placed on a license under this paragraph remains in effect.

(g) The Board of Teaching may issue a two-year provisional permission to an applicant under this subdivision to teach in a shortage area, consistent with section 122A.18, subdivision 4a.

(h) The Board of Teaching may issue a license under this subdivision if the applicant has attained the additional degrees, credentials, or licenses required in a particular licensure field and the applicant can demonstrate competency by obtaining qualifying scores on the board-adopted skills examination in reading, writing, and mathematics, and on applicable board-adopted rigorous content area and pedagogy examinations under section 122A.09, subdivision 4, paragraphs (a) and (e).

(i) The Board of Teaching must require an applicant for a professional five-year teaching license or an initial professional one-year teaching license under this subdivision to pass a board-adopted skills examination in reading, writing, and mathematics 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 and Certification interstate agreement exists to allow fully certified teachers from other states to transfer their certification to Minnesota.

122A.245 ALTERNATIVE TEACHER PREPARATION PROGRAM AND PRELIMINARY TEACHER LICENSE.

Subd. 7.

Professional five-year license.

The Board of Teaching must issue a professional five-year teaching license to an otherwise qualified teacher candidate under this section who successfully performs throughout a program under this section, obtains qualifying scores on applicable board-adopted rigorous 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.

Subd. 8.

Qualified teacher.

A person holding a valid limited-term license under this section is a qualified teacher and the teacher of record under section 122A.16.

Subd. 10.

Reports.

The Board of Teaching must submit an interim report on the efficacy of this program to the policy and finance committees of the legislature with jurisdiction over kindergarten through grade 12 education by February 15, 2013, and a final report by February 15, 2015.

122A.25 NONLICENSED COMMUNITY EXPERTS; VARIANCE.

Subdivision 1.

Authorization.

Notwithstanding any law or commissioner of education rule to the contrary, the Board of Teaching may allow school districts or charter schools to hire nonlicensed community experts to teach in the public schools or charter schools on a limited basis according to this section.

Subd. 2.

Applications; criteria.

The school district or charter school shall apply to the Board of Teaching for approval to hire nonlicensed teaching personnel from the community. In approving or disapproving the application for each community expert, the board shall consider:

(1) the qualifications of the community person whom the district or charter school proposes to employ;

(2) the reasons for the need for a variance from the teacher licensure requirements;

(3) the district's efforts to obtain licensed teachers, who are acceptable to the school board, for the particular course or subject area or the charter school's efforts to obtain licensed teachers for the particular course or subject area;

(4) the amount of teaching time for which the community expert would be hired;

(5) the extent to which the district or charter school is utilizing other nonlicensed community experts under this section;

(6) the nature of the community expert's proposed teaching responsibility; and

(7) the proposed level of compensation to the community expert.

Subd. 3.

Approval of plan.

The Board of Teaching shall approve or disapprove an application within 60 days of receiving it from a school district or charter school.

Subd. 4.

Background check.

A school district or charter school shall provide the Board of Teaching with confirmation that criminal background checks have been completed for all nonlicensed community experts employed by the district or charter school and approved by the Board of Teaching under this section.