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HF 1203

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/03/2023 12:26pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 02/02/2023

Current Version - as introduced

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A bill for an act
 relating to education; modifying membership of the Professional Educator Licensing
and Standards Board; appropriating money; amending Minnesota Statutes 2022,
section 122A.07.

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

Section 1.

Minnesota Statutes 2022, section 122A.07, is amended to read:


122A.07 PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD
MEMBERSHIP.

Subdivision 1.

Appointment of members.

The Professional Educator Licensing and
Standards Board consists of deleted text begin 11deleted text end new text begin 13new text end members appointed by the governor, with the advice and
consent of the senate. Membership terms, deleted text begin compensation of members,deleted text end 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.

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) deleted text begin sixdeleted text end new text begin tennew text end teachers who are currently teaching in a Minnesota school or who were
teaching at the time of the appointment, have at least five years of teaching experience, and
were not serving in an administrative function at a school district or school when appointed.
The deleted text begin sixdeleted text end new text begin tennew text end teachers must include the following:

(i) one teacher in a charter school;

(ii) deleted text begin one teacherdeleted text end new text begin two teachersnew text end from the seven-county metropolitan area, as defined in
section 473.121, subdivision 2;

(iii) deleted text begin one teacherdeleted text end new text begin two teachersnew text end from outside the seven-county metropolitan area;

(iv) deleted text begin one teacherdeleted text end new text begin two teachersnew text end from a related service category licensed by the boardnew text begin , each
from a different service categorynew text end ;

(v) one special education teacher; and

(vi) deleted text begin one teacherdeleted text end new text begin two teachersnew text end from a teacher preparation program;

deleted text begin (2) one superintendent that alternates each term between a superintendent from the
seven-county metropolitan area, as defined in section 473.121, subdivision 2, and a
superintendent from outside the metropolitan area;
 deleted text end

deleted text begin (3) one school district human resources director;
 deleted text end

deleted text begin (4)deleted text end new text begin (2)new text end one administrator deleted text begin of a cooperative unit under section 123A.24, subdivision 2,deleted text end
who oversees a special education program;

deleted text begin (5)deleted text end new text begin (3)new text end one principal that alternates each term between an elementary and a secondary
school principal; and

deleted text begin (6)deleted text end new text begin (4)new text end one member of the public deleted text begin that may be a current or former school board memberdeleted text end .

Subd. 2a.

First appointments.

(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:

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

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

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

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

(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 September 1, 2017, except that two members of the Board of Teaching as of January
1, 2017, are eligible for appointment under paragraph (a), clause (1).

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.

Terms, compensation; removal; vacancies.

new text begin (a) new text end The review and processing
of complaints; the setting of fees; the selection and duties of an executive director to serve
the board; and other provisions relating to board operations not provided in this chapter are
as provided in chapter 214. Membership terms, except as provided in subdivision 2a,
deleted text begin compensation of members,deleted text end 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 (b) Board members may receive a stipend of up to $4,800 annually, prorated per month,
during each year of service on the board.
 new text end

Subd. 4a.

Administration.

(a) 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.

(b) The Department of Administration must provide administrative support in accordance
with section 16B.371. The commissioner of administration must assess the board for services
it provides under this section.

(c) The deleted text begin Department of Education must provide suitable offices and other space to the
board at reasonable cost until January 1, 2020. Thereafter, thedeleted text end 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.

Subd. 5.

District reimbursement for costs of substitute teachers.

The Professional
Educator Licensing and Standards Board deleted text begin maydeleted text end new text begin mustnew text end 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.

Subd. 6.

Public employer compensation reduction prohibited.

new text begin (a) new text end The public employer
of a member must not reduce the member's compensation or benefits because of the member's
absence from employment when engaging in the business of the board.

new text begin (b) The public employer of a member must grant the member time off to join board
meetings, committee meetings, and board retreats.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
 new text end

Sec. 2. new text begin PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD
MEMBERSHIP.
new text end

new text begin Notwithstanding any law to the contrary, the terms of the superintendent and school
district human resources director on the Professional Educator Licensing and Standards
Board expire on July 1, 2023. The governor must nominate members to the Professional
Educator Licensing and Standards Board to ensure the board consists of the 13 members
required under Minnesota Statutes, section 122A.07, by July 15, 2023.
 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. 3. new text begin APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND
STANDARDS BOARD.
new text end

new text begin (a) The sums indicated in this section are appropriated from the general fund to the
Professional Educator Licensing and Standards Board for the fiscal years designated:
 new text end

new text begin $
 new text end 		new text begin .......
 new text end 		new text begin .....
 new text end 		new text begin 2024
 new text end
new text begin $
 new text end 		new text begin .......
 new text end 		new text begin .....
 new text end 		new text begin 2025
 new text end

new text begin (b) Of these amounts, $62,400 in fiscal year 2024 and $62,400 in fiscal year 2025 are
for board member stipends under Minnesota Statutes, section 122A.07.
 new text end

new text begin (c) Any balance in the first year does not cancel but is available in the second year.
 new text end

new text begin (d) The base for fiscal year 2026 and later is $........
 new text end