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HF 1257

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/16/2023 03:57pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to education; removing barriers to teacher licensure; modifying
requirements for licensure; establishing a short-call substitute teacher pilot program;
amending Minnesota Statutes 2022, sections 122A.09, subdivision 10; 122A.181,
subdivision 4, by adding a subdivision; 122A.182, subdivisions 1, 4, by adding a
subdivision; 122A.183, subdivisions 1, 2, by adding a subdivision; 122A.184,
subdivision 1; 122A.185, subdivisions 1, 4; 122A.635, subdivisions 3, 4; 122A.70,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 122A; repealing Minnesota Rules, part 8710.0500, subparts 8, 11.

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

Section 1.

Minnesota Statutes 2022, section 122A.09, subdivision 10, is amended to read:


Subd. 10.

Permissions.

(a) Notwithstanding subdivision 9 and sections 14.055 and
14.056, the Professional Educator Licensing and Standards Board 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 Professional Educator Licensing and
Standards Board deleted text beginannuallydeleted text end 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 Professional Educator Licensing
and Standards Board for a primary employer's low-incidence region is valid in all
low-incidence regions.

(d) A candidate that has obtained career and technical education certification may apply
for a Tier 1 license under section 122A.181. Consistent with section 136F.361, the
Professional Educator Licensing and Standards Board must strongly encourage approved
college or university-based teacher preparation programs 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.

Sec. 2.

Minnesota Statutes 2022, section 122A.181, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Exemptions from a bachelor's degree. new text end

new text begin (a) The following applicants for a
Tier 1 license are exempt from the requirement to hold a bachelor's degree in subdivision
2:
new text end

new text begin (1) an applicant for a Tier 1 license to teach career and technical education or career
pathways courses of study if the applicant has:
new text end

new text begin (i) an associate's degree;
new text end

new text begin (ii) a professional certification; or
new text end

new text begin (iii) five years of relevant work experience;
new text end

new text begin (2) an applicant for a Tier 1 license to teach world languages and culture pursuant to
Minnesota Rules, part 8710.4950, if the applicant is a native speaker of the language; and
new text end

new text begin (3) an applicant for a Tier 1 license in the performing or visual arts pursuant to Minnesota
Rules, parts 8710.4300 dance and theatre, 8710.4310 dance, 8710.4320 theatre, 8710.4650
vocal music and instrumental music, and 8710.4900 visual arts, if the applicant has at least
five years of relevant work experience.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must adopt rules regarding
the qualifications and determinations for applicants exempt from paragraph (a).
new text end

Sec. 3.

Minnesota Statutes 2022, section 122A.181, subdivision 4, is amended to read:


Subd. 4.

Application.

The Professional Educator Licensing and Standards Board must
acceptnew text begin and reviewnew text end applications for a Tier 1 teaching license beginning July 1 of the school
year for which the license is requested deleted text beginand must issue or deny the Tier 1 teaching license
deleted text enddeleted text begin within 30 days of receiving the completed applicationdeleted text endnew text begin; at the board's discretion, the board
may begin to accept and review licenses before July 1
new text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 122A.182, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

deleted text begin(a)deleted text end The Professional Educator Licensing and Standards
Board must approve deleted text begina request from a district or charter school to issuedeleted text endnew text begin an application fornew text end a
Tier 2 license in a specified content area deleted text beginto a candidatedeleted text end if:

deleted text begin (1) the candidate meets the educational or professional requirements in paragraph (b)
or (c);
deleted text end

deleted text begin (2) the candidate:
deleted text end

deleted text begin (i) has completed the coursework required under subdivision 2;
deleted text end

deleted text begin (ii) is enrolled in a Minnesota-approved teacher preparation program; or
deleted text end

deleted text begin (iii) has a master's degree in the specified content area; and
deleted text end

deleted text begin (3) the district or charter school demonstrates that a criminal background check under
section 122A.18, subdivision 8, has been completed on the candidate.
deleted text end

deleted text begin (b) A candidate for a Tier 2 license must have a bachelor's degree to teach a class outside
a career and technical education or career pathways course of study.
deleted text end

deleted text begin (c) A candidate for a Tier 2 license must have one of the following credentials in a
relevant content area to teach a class or course in a career and technical education or career
pathways course of study:
deleted text end

deleted text begin (1) an associate's degree;
deleted text end

deleted text begin (2) a professional certification; or
deleted text end

deleted text begin (3) five years of relevant work experience.
deleted text end

new text begin (1) the application has been submitted jointly by the applicant and the district;
new text end

new text begin (2) the application has been paid for by the district or the applicant;
new text end

new text begin (3) the applicant holds a bachelor's degree, unless specifically exempt by statute or rule;
new text end

new text begin (4) the district demonstrates that a criminal background check under section 122A.18,
subdivision 8, has been completed for the applicant; and
new text end

new text begin (5) the applicant:
new text end

new text begin (i) has completed the coursework required under subdivision 2;
new text end

new text begin (ii) is enrolled in a Minnesota-approved teacher preparation program; or
new text end

new text begin (iii) has a master's degree in the specified content area.
new text end

Sec. 5.

Minnesota Statutes 2022, section 122A.182, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Exemptions from a bachelor's degree. new text end

new text begin (a) The following applicants for a
Tier 2 license are exempt from the requirement to hold a bachelor's degree in subdivision
1:
new text end

new text begin (1) an applicant for a Tier 2 license to teach career and technical education or career
pathways courses of study when the applicant has:
new text end

new text begin (i) an associate's degree;
new text end

new text begin (ii) a professional certification; or
new text end

new text begin (iii) five years of relevant work experience;
new text end

new text begin (2) an applicant for a Tier 2 license to teach world languages and culture pursuant to
Minnesota Rules, part 8710.4950, when the applicant is a native speaker of the language;
and
new text end

new text begin (3) an applicant for a Tier 2 license in the performing or visual arts pursuant to Minnesota
Rules, parts 8710.4300 dance and theatre, 8710.4310 dance, 8710.4320 theatre, 8710.4650
vocal music and instrumental music, and 8710.4900 visual arts, when the applicant has at
least five years of relevant work experience.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must adopt rules regarding
the qualifications and determinations for applicants exempt from the requirement to hold a
bachelor's degree in subdivision 1.
new text end

Sec. 6.

Minnesota Statutes 2022, section 122A.182, subdivision 4, is amended to read:


Subd. 4.

Application.

The Professional Educator Licensing and Standards Board must
accept applications for a Tier 2 teaching license beginning July 1 of the school year for
which the license is requested deleted text beginand must issue or deny the Tier 2 teaching license within 30
days of receiving the completed application
deleted text endnew text begin; at the board's discretion, the board may begin
to accept and review licenses before July 1
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. 7.

Minnesota Statutes 2022, section 122A.183, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

deleted text begin(a)deleted text end The Professional Educator Licensing and Standards
Board must issue a Tier 3 license to deleted text begina candidatedeleted text endnew text begin an applicantnew text end who provides information
sufficient to demonstrate all of the following:

deleted text begin (1) the candidate meets the educational or professional requirements in paragraphs (b)
and (c);
deleted text end

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

new text begin (1) the applicant holds a bachelor's degree, unless specifically exempt by statute or rule;
and
new text end

deleted text begin (3)deleted text endnew text begin (2)new text end the deleted text begincandidatedeleted text endnew text begin applicantnew text end has completed the coursework required under subdivision
2.

deleted text begin (b) A candidate for a Tier 3 license must have a bachelor's degree to teach a class or
course outside a career and technical education or career pathways course of study.
deleted text end

deleted text begin (c) A candidate for a Tier 3 license must have one of the following credentials in a
relevant content area to teach a class or course in a career and technical education or career
pathways course of study:
deleted text end

deleted text begin (1) an associate's degree;
deleted text end

deleted text begin (2) a professional certification; or
deleted text end

deleted text begin (3) five years of relevant work experience.
deleted text end

deleted text begin In consultation with the governor's Workforce Development Board established under section
116L.665, the board must establish a list of qualifying certifications, and may add additional
professional certifications in consultation with school administrators, teachers, and other
stakeholders.
deleted text end

Sec. 8.

Minnesota Statutes 2022, section 122A.183, subdivision 2, is amended to read:


Subd. 2.

Coursework.

deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 3 license must meet the
coursework requirement by demonstrating one of the following:

(1) completion of a Minnesota-approved teacher preparation program;

(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to deleted text begina
candidate
deleted text endnew text begin an applicantnew text end that has two years ofnew text begin field-specificnew text end teaching experience;

(3) submission of a content-specific licensure portfolio;

(4) a professional teaching license from another state, evidence that the deleted text begincandidate'sdeleted text endnew text begin
applicant's
new text end license is in good standing, and two years ofnew text begin field-specificnew text end teaching experience;
or

(5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41,
subdivision 5.

Sec. 9.

Minnesota Statutes 2022, section 122A.183, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Exemptions from a bachelor's degree. new text end

new text begin (a) The following applicants for a
Tier 3 license are exempt from the requirement to hold a bachelor's degree in subdivision
1:
new text end

new text begin (1) an applicant for a Tier 3 license to teach career and technical education or career
pathways courses of study when the applicant has:
new text end

new text begin (i) an associate's degree;
new text end

new text begin (ii) a professional certification; or
new text end

new text begin (iii) five years of relevant work experience;
new text end

new text begin (2) an applicant for a Tier 3 license to teach world languages and culture pursuant to
Minnesota Rules, part 8710.4950, when the applicant is a native speaker of the language;
and
new text end

new text begin (3) an applicant for a Tier 3 license in the performing or visual arts pursuant to Minnesota
Rules, parts 8710.4300 dance and theatre, 8710.4310 dance, 8710.4320 theatre, 8710.4650
vocal music and instrumental music, and 8710.4900 visual arts, when the applicant has at
least five years of relevant work experience.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must adopt rules regarding
the qualifications and determinations for applicants exempt from the requirement to hold a
bachelor's degree in subdivision 1.
new text end

Sec. 10.

Minnesota Statutes 2022, section 122A.184, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

The Professional Educator Licensing and Standards
Board must issue a Tier 4 license to deleted text begina candidatedeleted text endnew text begin an applicantnew text end who provides information
sufficient to demonstrate all of the following:

(1) the deleted text begincandidatedeleted text endnew text begin applicantnew text end meets all requirements for a Tier 3 license under section
122A.183, and has completed a teacher preparation program under section 122A.183,
subdivision 2
, clause (1) or (2);

(2) the deleted text begincandidatedeleted text endnew text begin applicantnew text end has at least three years ofnew text begin field-specificnew text end teaching experience
deleted text begin in Minnesotadeleted text endnew text begin as teacher of recordnew text end;

(3) the deleted text begincandidatedeleted text endnew text begin applicantnew text end has obtained a passing score on all required licensure exams
under section 122A.185; and

deleted text begin (4) the candidate's most recent summative teacher evaluation did not result in placing
or otherwise keeping the teacher in an improvement process pursuant to section 122A.40,
subdivision 8, or 122A.41, subdivision 5.
deleted text end

new text begin (4) if the applicant previously held a Tier 3 license under section 122A.183, the applicant
has completed the renewal requirements in section 122A.187.
new text end

Sec. 11.

Minnesota Statutes 2022, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

deleted 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 4
teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier
3 license to provide direct instruction to pupils in elementary, secondary, or special education
programs if candidates meet the other requirements in section 122A.181, 122A.182, or
122A.183, respectively.
deleted text end

deleted text begin (b)deleted text end The board must adopt rules requiring deleted text begincandidatesdeleted text endnew text begin applicantsnew text end for Tier 3 and Tier 4
licenses to pass an examinationnew text begin or performance assessmentnew text end of general pedagogical knowledge
and examinations of licensure field specific content.new text begin An applicant is exempt from the
examination requirements if the applicant completed:
new text end

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

new text begin (2) a state-approved teacher preparation program in another state and passed licensure
examinations in that state, if applicable.
new text end The content examination requirement does not
apply if no relevant content exam exists.

deleted text begin (c) Candidates for initial Tier 3 and Tier 4 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.
deleted text end

deleted text begin (d) 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.
deleted text end

Sec. 12.

Minnesota Statutes 2022, section 122A.185, subdivision 4, is amended to read:


Subd. 4.

Remedial assistance.

deleted text begin (a) A board-approved teacher preparation program 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 teacher preparation programs must make available assistance in the specific academic
areas of candidates' deficiency.
deleted text end

deleted text begin (b)deleted text end School districts may make available upon request deleted text beginsimilar,deleted text end appropriatedeleted text begin,deleted text end and timely
remedial assistance that includes a formal diagnostic component to those persons employed
by the district who deleted text begincompleted their teacher education program, whodeleted text end did not achieve a
qualifying score on a board-adopted skills examination, and who received a Tier 1, Tier 2,
or Tier 3 license under section 122A.181, 122A.182, or 122A.183, respectively, to teach in
Minnesota.

Sec. 13.

new text begin [122A.441] SHORT-CALL SUBSTITUTE TEACHER PILOT PROGRAM.
new text end

new text begin (a) A school district or charter school and applicant may jointly request the Professional
Educator Licensing and Standards Board approve an application for a short-call substitute
teaching license. The application information must sufficiently demonstrate the following:
new text end

new text begin (1) the applicant:
new text end

new text begin (i) holds a minimum of an associate's degree or equivalent and has or will receive
substitute training from the school district or charter school; or
new text end

new text begin (ii) holds a minimum of a high school diploma or equivalent and has been employed as
an education support personnel or paraprofessional within the district or charter school for
at least one academic year; and
new text end

new text begin (2) the school district or charter school has requested a background check in accordance
with section 123B.03.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board may issue a temporary
teaching license pending a background check under section 122A.18, subdivision 8, and
may immediately suspend or revoke the license upon receiving background check
information. An applicant submitting an application for a short-call substitute teaching
license in accordance with section 122A.18, subdivision 7a, paragraph (a), must not be
required to complete a joint application with a district and must not be issued a license
pending a background check under section 122A.18, subdivision 8.
new text end

new text begin (c) The board may prioritize short-call substitute teaching license applications to expedite
the review process.
new text end

new text begin (d) A school district or charter school must provide a substitute teacher who receives a
substitute teaching license through the pilot program with substitute teacher training. The
board may remove a school district or charter school from the pilot program for failure to
provide the required training.
new text end

new text begin (e) A school district or charter school must not require an employee to apply for a
substitute teaching license, or retaliate against an employee that does not apply for a substitute
teaching license under the pilot program.
new text end

new text begin (f) A school district or charter school must compensate an employee working as a
short-call substitute teacher under the pilot program with the greater of $200 per day or the
employee's regular rate of pay.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 and 2024-2025 school
years only.
new text end

Sec. 14.

Minnesota Statutes 2022, section 122A.635, subdivision 3, is amended to read:


Subd. 3.

Grant program administration.

The Professional Educator Licensing and
Standards Board may enter into an interagency agreement with the Office of Higher
Education. The agreement may include a transfer of funds to the Office of Higher Education
to help establish and administer the competitive grant process. The board must award grants
to institutions located in various economic development regions throughout the state, but
must not predetermine the number of institutions to be awarded grants under this section
or set a limit for the amount that any one institution may receive as part of the competitive
grant application process.new text begin The competitive grant process for grants after fiscal year 2023
must be awarded for a two-year grant period.
new text end All grants must be awarded by August 15 of
the fiscal year in which the grants are to be used deleted text beginexcept that, for initial competitive grants
awarded for fiscal year 2020, grants must be awarded by September 15
deleted text end. An institution that
receives a grant under this section may use the grant funds over a two- to four-year period
to support teacher candidates.

Sec. 15.

Minnesota Statutes 2022, section 122A.635, subdivision 4, is amended to read:


Subd. 4.

Report.

(a) By deleted text beginJanuarydeleted text endnew text begin Augustnew text end 15 of each year, an institution awarded a grant
under this section must prepare for the legislature and the board a detailed report regarding
the expenditure of grant funds, including the amounts used to recruit, retain, and induct
teacher candidates of color or who are American Indian. The report must include the total
number of teacher candidates of color, disaggregated by race or ethnic group, who are
recruited to the institution, are newly admitted to the licensure program, are enrolled in the
licensure program, have completed student teaching, have graduated, are licensed, and are
newly employed as Minnesota teachers in their licensure field. A grant recipient must report
the total number of teacher candidates of color or who are American Indian at each stage
from recruitment to licensed teaching as a percentage of total candidates seeking the same
licensure at the institution.

(b) new text beginBy November 1 of each year, new text endthe board must post a report on its website summarizing
the activities and outcomes of grant recipients and results that promote sharing of effective
practices among grant recipients.

Sec. 16.

Minnesota Statutes 2022, section 122A.70, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Grant program administration. new text end

new text begin The Professional Educator Licensing and
Standards Board may enter into an interagency agreement with the Office of Higher
Education or the Department of Education. The agreement may include a transfer of funds
to the Office of Higher Education or the Department of Education to help administer the
competitive grant process.
new text end

Sec. 17. new text beginREPEALER.
new text end

new text begin Minnesota Rules, part 8710.0500, subparts 8 and 11, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Rule: H1257-1

8710.0500 EXAMINATIONS FOR TEACHER LICENSES.

Subp. 8.

Admission to upper division or graduate coursework.

Candidates for an initial license shall provide official evidence to the institutions they attend of having taken the examinations adopted under subpart 1, item A, before enrolling in upper division coursework in the professional education sequence. Candidates for an initial license who have a baccalaureate degree shall provide official evidence to the institutions they attend of having taken the examinations adopted under subpart 1, item A, before enrolling in coursework in the professional education sequence. Candidates who fail to achieve the minimum passing score on one or more of the examinations may enroll in upper division or graduate coursework in the professional education sequence; however, candidates must achieve the passing scores established under subpart 3 before recommendation for a first professional teaching license. Colleges and universities must provide candidates who fail the examinations access to opportunities to enhance their skills.

Subp. 11.

Applicants prepared outside Minnesota.

Applicants for Minnesota licensure who complete teacher preparation outside Minnesota but who have not met the requirements under subpart 1 and who otherwise meet the applicable statutes and rules shall be granted no more than three one-year temporary licenses. An applicant who has not achieved a minimum passing score on the examinations required under subpart 1, may renew a temporary license under this subpart if the applicant provides evidence of having taken all required examinations under subpart 1 and having enrolled in programs designed to assist the applicant to achieve the minimum passing scores. Applicants prepared outside Minnesota who provide evidence of meeting all examination requirements for professional Minnesota licensure shall be granted the professional teaching licenses for which they qualify.