HF 1268

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 08:22pm

A bill for an act
relating to education; making changes to teacher licensure and teacher preparation
programs; making changes to the Professional Educator Licensing and Standards
Board membership; appropriating money; amending Minnesota Statutes 2022,
sections 122A.06, subdivisions 1, 2, 5, 6, 7, 8, by adding subdivisions; 122A.07,
subdivisions 1, 2, 4, 4a, 5, 6; 122A.09, subdivisions 4, 6, 9, 10; 122A.091,
subdivisions 1, 2; 122A.15, subdivision 1; 122A.16; 122A.18, subdivisions 1, 2,
10, by adding a subdivision; 122A.181, subdivisions 1, 2, 3; 122A.182, subdivisions
1, 2; 122A.183, subdivisions 1, 2; 122A.184, subdivision 1; 122A.185, subdivisions
1, 4; 122A.187, subdivision 1; 122A.19, subdivision 4; 122A.69; proposing coding
for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes
2022, sections 122A.07, subdivision 2a; 122A.091, subdivisions 3, 6; 122A.18,
subdivision 7c; 122A.184, subdivision 3.

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

Section 1.

new text begin [122A.04] LICENSE REQUIRED.
new text end

new text begin Pursuant to section 120A.22, subdivision 10, a teacher must hold a license or a permission
aligned to the content area and scope of the teacher's assignment to provide instruction in
a public school or a charter school.
new text end

Sec. 2.

Minnesota Statutes 2022, section 122A.06, subdivision 1, is amended to read:

Subdivision 1.

Scope.

For the purpose of sections deleted text begin 122A.05 deleted text end new text begin 122A.04 new text end to 122A.093, new text begin and
sections 122A.15 to 122A.33, new text end the terms defined in this section have the meanings given
them, unless another meaning is clearly indicated.

Sec. 3.

Minnesota Statutes 2022, section 122A.06, subdivision 2, is amended to read:

Subd. 2.

Teacher.

"Teacher" means a classroom teacher or other similar professional
employee required new text begin by law new text end to hold a license new text begin or permission new text end from the Professional Educator
Licensing and Standards Board.

Sec. 4.

Minnesota Statutes 2022, section 122A.06, subdivision 5, is amended to read:

Subd. 5.

Field.

A "field new text begin , new text end " new text begin "licensure area," new text end or "subject area" means the content area in
which a teacher may become licensed to teach.

Sec. 5.

Minnesota Statutes 2022, section 122A.06, subdivision 6, is amended to read:

Subd. 6.

Shortage area.

"Shortage area" means:

(1) licensure fields and economic development regions reported by the deleted text begin commissioner
of education deleted text end new text begin Office of Higher Education new text end or the Professional Educator Licensing and
Standards Board as experiencing a teacher shortage; and

(2) economic development regions where deleted text begin there is a shortage of licensed teachers who
reflect the racial or ethnic diversity of students in the region. deleted text end new text begin the aggregate percentage of
Indigenous teachers and teachers of color in the region is lower than the aggregate percentage
of kindergarten through grade 12 Indigenous students and students of color in that region.
Only individuals who close the gap between these percentages qualify as filling a shortage
by this definition.
new text end

Sec. 6.

Minnesota Statutes 2022, section 122A.06, subdivision 7, is amended to read:

Subd. 7.

Teacher preparation program.

"Teacher preparation program" means a
program approved by the Professional Educator Licensing and Standards Board for the
purpose of preparing individuals for a specific teacher licensure field in Minnesota. deleted text begin Teacher
preparation programs include traditional programs delivered by postsecondary institutions,
alternative teacher preparation programs, and nonconventional teacher preparation programs.
deleted text end

Sec. 7.

Minnesota Statutes 2022, section 122A.06, subdivision 8, is amended to read:

Subd. 8.

Teacher preparation program provider.

"Teacher preparation program
provider" or "unit" means an entity that has primary responsibility for overseeing and
delivering a teacher preparation program. new text begin Teacher preparation program providers include
institutes of higher education, school districts, charter schools, or nonprofit corporations
organized under chapter 317A.
new text end

Sec. 8.

Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin District. new text end

new text begin "District" means a public school district or charter school.
new text end

Sec. 9.

Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Transfer pathway. new text end

new text begin "Transfer pathway" means an established pathway to
licensure between a two-year college and a board-approved teacher preparation provider.
new text end

Sec. 10.

Minnesota Statutes 2022, section 122A.07, subdivision 1, is amended to read:

Subdivision 1.

Appointment of members.

The Professional Educator Licensing and
Standards Board consists of deleted text begin 11 deleted text end new text begin 13 new 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.

Sec. 11.

Minnesota Statutes 2022, section 122A.07, subdivision 2, is amended to read:

Subd. 2.

Eligibility; board composition.

Each deleted text begin nominee deleted text end new text begin appointee new text end , 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 six deleted text end new text begin seven new text end teachers who are currently teaching in a Minnesota school deleted text begin or who were
teaching at the time of the appointment deleted text end , have at least five years of teaching experience, and
deleted text begin were deleted text end new text begin are new text end not serving in deleted text begin an administrative function at a school district or school when
appointed deleted text end new text begin a position requiring an administrative license, pursuant to section 122A.14 new text end . The
deleted text begin six deleted text end new text begin seven new text end teachers must include the following:

(i) one teacher in a charter school;

(ii) deleted text begin one teacher deleted text end new text begin two teachers new text end from new text begin a school located in new text end the seven-county metropolitan
area, as defined in section 473.121, subdivision 2;

(iii) deleted text begin one teacher deleted text end new text begin two teachers new text end from new text begin a school located new text end outside the seven-county metropolitan
area;

(iv) one teacher from a related service category licensed by the board; new text begin and
new text end

(v) one special education teacher; deleted text begin and
deleted text end

deleted text begin (vi) one teacher from a teacher preparation program;
deleted text end

new text begin (2) two teachers currently teaching in a board-approved teacher preparation program;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end one superintendent deleted text begin that alternates deleted text end new text begin , alternating new text end each term between a superintendent
from new text begin a school district in new text end the seven-county metropolitan area, as defined in section 473.121,
subdivision 2, and a superintendent from new text begin a school district new text end outside the metropolitan area;

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

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

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

(6) one member of the public that may be a current or former school board member.

Sec. 12.

Minnesota Statutes 2022, section 122A.07, subdivision 4, is amended to read:

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 must receive a stipend of up to $4,800 annually, prorated monthly,
during each year of service on the board.
new text end

Sec. 13.

Minnesota Statutes 2022, section 122A.07, subdivision 4a, is amended to read:

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.

deleted text begin (c) The Department of Education must provide suitable offices and other space to the
board at reasonable 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.
deleted text end

Sec. 14.

Minnesota Statutes 2022, section 122A.07, subdivision 5, is amended to read:

Subd. 5.

District reimbursement for costs of substitute teachers.

The Professional
Educator Licensing and Standards Board deleted text begin may deleted text end new text begin must new 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.

Sec. 15.

Minnesota Statutes 2022, section 122A.07, subdivision 6, is amended to read:

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

Sec. 16.

Minnesota Statutes 2022, section 122A.09, subdivision 4, is amended to read:

Subd. 4.

Licensing new text begin and approval new text end .

new text begin (a) new text end The Professional Educator Licensing and Standards
Board must 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 deleted text begin candidates deleted text end new text begin applicants new text end
for teacher licensure. The board must evaluate deleted text begin candidates deleted text end new text begin applicants new text end for compliance with
statutory or rule requirements for licensure and develop licensure verification requirements.

new text begin (b) The Professional Educator Licensing and Standards Board must approve teacher
preparation providers seeking to prepare applicants for teacher licensure in Minnesota.
new text end

Sec. 17.

Minnesota Statutes 2022, section 122A.09, subdivision 6, is amended to read:

Subd. 6.

Register of persons licensed.

The deleted text begin executive director of the deleted text end Professional
Educator Licensing and Standards Board must 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, deleted text begin address, deleted text end new text begin licenses and permissions held, including renewals, and new text end license
number deleted text begin and the renewal of the license deleted text end . deleted text begin The board must on July 1, of each year or as soon
thereafter as is practicable, compile a list of such duly licensed teachers. A copy of the
register deleted text end new text begin This list new text end must be available deleted text begin during business hours at the office of the board to any
interested person deleted text end new text begin on the board's website new text end .

Sec. 18.

Minnesota Statutes 2022, section 122A.09, subdivision 9, is amended to read:

Subd. 9.

Professional Educator Licensing and Standards Board must adopt rules.

(a)
The Professional Educator Licensing and Standards Board must adopt rules subject to the
provisions of chapter 14 to implement sections 120B.363, 122A.05 to 122A.09, 122A.092,
122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185,
122A.187, 122A.188, new text begin 122A.19, new text end 122A.20, 122A.21, 122A.23, 122A.26, 122A.28, deleted text begin and deleted text end
122A.29 new text begin , and 124D.72 new text end .

(b) The board must adopt rules relating to fields of licensure new text begin and grade levels that a
licensed teacher may teach new text end , including a process for granting permission to a licensed teacher
to teach in a field that is different from the teacher's field of licensure without change to the
teacher's license tier level.

deleted text begin (c) The board must adopt rules relating to the grade levels that a licensed teacher may
teach.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end 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.

deleted text begin (e) deleted text end new text begin (d) new text end The board must include a description of a proposed rule's probable effect on
teacher supply and demand in the board's statement of need and reasonableness under section
14.131.

deleted text begin (f) deleted text end new text begin (e) new text end The board must adopt rules only under the specific statutory authority.

Sec. 19.

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 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 Professional Educator Licensing
and Standards Board for a primary employer's low-incidence region is valid in all
low-incidence regions.

(d) deleted text begin A candidate deleted text end new text begin An applicant new text end 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
deleted text begin college or university-based deleted text end teacher preparation programs throughout Minnesota to develop
alternative pathways for certifying and licensing high school career and technical education
instructors and teachers, allowing such deleted text begin candidates deleted text end new text begin applicants new text end 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. 20.

Minnesota Statutes 2022, section 122A.091, subdivision 1, is amended to read:

Subdivision 1.

Teacher and administrator preparation and performance data;
report.

(a) The Professional Educator Licensing and Standards Board and the Board of
School Administrators, in cooperation with deleted text begin board-adopted deleted text end new text begin board-approved new text end 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 deleted text begin June deleted text end new text begin July new text end 1 must update and post the reported summary
preparation and performance data on teachers and administrators from the preceding school
years on deleted text begin a website hosted jointly by the boards deleted text end new text begin their respective websites new text end .

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

deleted 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;
deleted text end

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

deleted text begin (3) deleted text end new text begin (1) new text end summary data on deleted text begin faculty deleted text end new text begin teacher educator new text end qualifications deleted text begin , including at least the
content areas of faculty undergraduate and graduate degrees deleted text end and their years of experience
either as deleted text begin kindergarten deleted text end new text begin birth new text end through grade 12 classroom teachers or school administrators;

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

new text begin (2) the current number and percentage of enrolled candidates who entered the program
through a transfer pathway disaggregated by race, except when disaggregation would not
yield statistically reliable results or would reveal personally identifiable information about
an individual;
new text end

deleted text begin (5) deleted text end new text begin (3) new text end the current number and percentage of deleted text begin students deleted text end new text begin program completers new text end by program
who deleted text begin graduated, deleted text end received a deleted text begin standard Minnesota teaching license, and deleted text end new text begin Tier 3 or Tier 4 license
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;
new text end

new text begin (4) the current number and percentage of program completers who entered the program
through a transfer pathway and received a Tier 3 or Tier 4 license disaggregated by race,
except when disaggregation would not yield statistically reliable results or would reveal
personally identifiable information about an individual;
new text end

new text begin (5) the current number and percentage of program completers who new text end were hired to teach
full time in their licensure field in a Minnesota district or school in the preceding year
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;

(6) deleted text begin the number of content area credits and other credits by undergraduate program that
students in the preceding school year needed to complete to graduate deleted text end new text begin the current number
and percentage of program completers who entered the program through a transfer pathway
and who were hired to teach full time in their licensure field in a Minnesota district or school
in the preceding year disaggregated by race, except when disaggregation would not yield
statistically reliable results or would reveal personally identifiable information about an
individual new text end ;

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

(8) new text begin board-adopted new text end survey results measuring deleted text begin student and graduate satisfaction with the
program deleted text end new text begin initial licensure program quality and structure new text end in the preceding school year
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;

(9) deleted text begin a standard measure of the satisfaction of deleted text end new text begin board-adopted survey results from new text end school
principals or deleted text begin supervising teachers with the student teachers assigned to a school or supervising
teacher deleted text end new text begin supervisors on initial licensure program quality and structure new text end ; and

(10) deleted text begin information under subdivision 3, paragraphs (a) and (b) deleted text end new text begin the number and percentage
of program completers who met or exceed the state threshold score on the board-adopted
teacher performance assessment new text end . Program reporting must be consistent with subdivision 2.

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

(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;

(2) the average time program graduates in the preceding year needed to complete the
program;

(3) the current number and percentage 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 disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual;

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

(5) survey results measuring student, graduate, and employer satisfaction with the
program in the preceding school year disaggregated by race, except when disaggregation
would not yield statistically reliable results or would reveal personally identifiable
information about an individual; and

(6) information under subdivision 3, paragraphs (c) and (d). Program reporting must be
consistent with section 122A.14, subdivision 10.

Sec. 21.

Minnesota Statutes 2022, section 122A.091, subdivision 2, is amended to read:

Subd. 2.

Teacher preparation program reporting.

(a) By December 31, 2018, and
annually thereafter, the Professional Educator Licensing and Standards Board shall report
and publish on its website 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.

(b) The Professional Educator Licensing and Standards Board must report annually to
the chairs and ranking minority members of the legislative committees with jurisdiction
over kindergarten through grade 12 education, the following information:

(1) the total number of teacher candidates during the most recent school year taking a
board-adopted skills examination;

(2) the number who achieve a qualifying score on the examination;

(3) the number who do not achieve a qualifying score on the examination; and

(4) the new text begin number of new text end candidates who have not passed a content or pedagogy exam.

The information reported under this paragraph must be disaggregated by categories of race,
ethnicity, and new text begin , if applicable, new text end eligibility for financial aid. The report must be submitted in
accordance with section 3.195.

Sec. 22.

Minnesota Statutes 2022, section 122A.15, subdivision 1, is amended to read:

Subdivision 1.

Teachers.

The term "teachers" for the purpose of licensure, means all
persons employed in a public school or education district or by a service cooperative as
members of the instructional, supervisory, and support staff including superintendents,
principals, supervisors, secondary vocational and other classroom teachers, librarians, new text begin school
new text end counselors, school psychologists, school nurses, school social workers, audio-visual directors
and coordinators, recreation personnel, media generalists, media supervisors, and deleted text begin speech
therapists deleted text end new text begin school speech-language pathologists. This definition does not apply to sections
122A.05 to 122A.093 new text end .

Sec. 23.

Minnesota Statutes 2022, section 122A.16, is amended to read:

122A.16 QUALIFIED TEACHER DEFINED.

A qualified teacher is one holding a valid license deleted text begin , deleted text end new text begin or permission new text end under this chapter deleted text begin , deleted text end to
perform the particular service for which the teacher is employed in a public school.

Sec. 24.

Minnesota Statutes 2022, section 122A.18, subdivision 1, is amended to read:

Subdivision 1.

Authority to license.

(a) The Professional Educator Licensing and
Standards Board must issue the following teacher licenses to deleted text begin candidates deleted text end new text begin applicants new text end who
meet the qualifications prescribed by this chapter:

(1) Tier 1 license under section 122A.181;

(2) Tier 2 license under section 122A.182;

(3) Tier 3 license under section 122A.183; and

(4) Tier 4 license under section 122A.184.

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

(c) The Professional Educator Licensing and Standards Board and the Department of
Education must enter into a data sharing agreement to share:

(1) 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; and

(2) data in the staff automated reporting system for the limited purpose of managing and
processing funding to school districts and other entities.

(d) 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.

(e) For purposes of the data sharing agreements under paragraphs (c) and (d), the
Professional Educator Licensing and Standards Board, 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.

Sec. 25.

Minnesota Statutes 2022, section 122A.18, subdivision 2, is amended to read:

Subd. 2.

Support personnel qualifications.

The Professional Educator Licensing and
Standards Board must issue licenses and credentials under its jurisdiction to persons the
board finds to be qualified and competent for support personnel positions in accordance
with section deleted text begin 120B.36 deleted text end new text begin 120B.363 new text end .

Sec. 26.

Minnesota Statutes 2022, section 122A.18, subdivision 10, is amended to read:

Subd. 10.

Licensure via portfolio.

(a) The Professional Educator Licensing and Standards
Board must adopt rules establishing a process for an eligible deleted text begin candidate deleted text end new text begin applicant new text end to obtain
deleted text begin any teacher deleted text end new text begin an initial Tier 3 new text end license deleted text begin under subdivision 1 deleted text end , or to add a licensure field deleted text begin , deleted text end new text begin to a Tier
3 or Tier 4 license new text end via portfolio. The portfolio licensure application process must be consistent
with the requirements in this subdivision.

(b) deleted text begin A candidate deleted text end new text begin An applicant new text end for deleted text begin a deleted text end new text begin an initial Tier 3 new text end license new text begin via portfolio new text end must submit to
the board one portfolio demonstrating pedagogical competence and one portfolio
demonstrating content competence.

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

(d) The board must notify deleted text begin a candidate deleted text end new text begin an applicant new text end 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 deleted text begin immediately deleted text end inform
the deleted text begin candidate deleted text end new text begin applicant new text end how to revise the portfolio to successfully demonstrate the requisite
competence. The deleted text begin candidate deleted text end new text begin applicant new text end 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.

(e) deleted text begin A candidate deleted text end new text begin An applicant new text end must pay a fee for a portfolio in accordance with section
122A.21, subdivision 4.

Sec. 27.

Minnesota Statutes 2022, section 122A.18, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Staff Automated Reporting. new text end

new text begin The Professional Educator Licensing and
Standards Board shall collect data on educators' employment and assignments from all
public school districts and charter schools. The report may include data on educators'
demographics and licensure.
new text end

Sec. 28.

Minnesota Statutes 2022, section 122A.181, subdivision 1, is amended to read:

Subdivision 1.

Application requirements.

The Professional Educator Licensing and
Standards Board must approve deleted text begin a request from a district or charter school to issue a Tier 1
license in a specified content area to a candidate deleted text end new text begin an application for a Tier 1 license in a
specified content area new text end if:

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

deleted text begin (1) deleted text end new text begin (3) new text end the deleted text begin candidate deleted text end new text begin applicant new text end meets the professional requirement in subdivision 2;

deleted text begin (2) deleted text end new text begin (4) new text end the district or charter school affirms that the deleted text begin candidate deleted text end new text begin applicant new text end has the necessary
skills and knowledge to teach in the specified content area; deleted text begin and
deleted text end

deleted text begin (3) deleted text end new text begin (5) new text end the district or charter school demonstrates that deleted text begin : (i) deleted text end a criminal background check
under section 122A.18, subdivision 8, has been completed on the deleted text begin candidate deleted text end new text begin applicant new text end ; and

deleted text begin (ii) deleted text end new text begin (6) new text end the district or charter school has posted the teacher position but was unable to
hire an acceptable teacher with a Tier 2, 3, or 4 license for the position.

Sec. 29.

Minnesota Statutes 2022, section 122A.181, subdivision 2, is amended to read:

Subd. 2.

Professional requirements.

(a) deleted text begin A candidate deleted text end new text begin An applicant new text end for a Tier 1 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.

(b) deleted text begin A candidate deleted text end new text begin An applicant new text end for a Tier 1 license must have one of the following
credentials in a relevant content area to teach a class in a career and technical education or
career pathways course of study:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 30.

Minnesota Statutes 2022, section 122A.181, subdivision 3, is amended to read:

Subd. 3.

Term of license and renewal.

(a) 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 subject to paragraphs (b) and (c). deleted text begin The board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.
deleted text end

(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:

(1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;

(2) the teacher holding the Tier 1 license took a content examination in accordance with
section 122A.185 and submitted the examination results to the teacher's employing district
or charter school within one year of the board approving the request for the initial Tier 1
license;

(3) the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board
approving the request for the initial Tier 1 license; and

(4) the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6.

The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.

(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.

Sec. 31.

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

Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must approve deleted text begin a request from a district or charter school to issue deleted text end new text begin an application for new text end a
Tier 2 license in a specified content area deleted text begin to a candidate deleted text end if:

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

deleted text begin (1) deleted text end new text begin (2) new text end the deleted text begin candidate deleted text end new text begin applicant new text end meets the educational or professional requirements in
paragraph (b) or (c);

deleted text begin (2) deleted text end new text begin (3) new text end the deleted text begin candidate deleted text end new text begin applicant new text end :

(i) has completed the coursework required under subdivision 2;

(ii) is enrolled in a Minnesota-approved teacher preparation program; or

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

deleted text begin (3) deleted text end new text begin (4) new text end the district or charter school demonstrates that a criminal background check under
section 122A.18, subdivision 8, has been completed on the deleted text begin candidate deleted text end new text begin applicant new text end .

(b) deleted text begin A candidate deleted text end new text begin An applicant new text end 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.

(c) deleted text begin A candidate deleted text end new text begin An applicant new text end 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:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 32.

Minnesota Statutes 2022, section 122A.182, subdivision 2, is amended to read:

Subd. 2.

Coursework.

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

(1) at least eight upper division or graduate-level credits in the relevant content area;

(2) field-specific methods of training, including coursework;

(3) at least two years of teaching experience in a similar content area in any state, as
determined by the board;

(4) a passing score on the pedagogy and content exams under section 122A.185; or

(5) completion of a state-approved teacher preparation program.

(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.
deleted text begin Candidates deleted text end new text begin An applicant new text end must identify the upper division credits that fulfill the requirement
in paragraph (a), clause (1).

Sec. 33.

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

Subdivision 1.

Requirements.

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

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

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

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

(b) deleted text begin A candidate deleted text end new text begin An applicant new text end 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.

(c) deleted text begin A candidate deleted text end new text begin An applicant new text end 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:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

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.

Sec. 34.

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

Subd. 2.

Coursework.

deleted text begin A candidate deleted text end new text begin An applicant new 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 begin a
candidate deleted text end new text begin an applicant new text end that has two years of teaching experience;

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

(4) a professional teaching license from another state, evidence that the deleted text begin candidate's deleted text end new text begin
applicant's new text end license is in good standing, and two years of 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. 35.

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 begin a candidate deleted text end new text begin an applicant new text end who provides information
sufficient to demonstrate all of the following:

(1) the deleted text begin candidate deleted text end new text begin applicant new 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 begin candidate deleted text end new text begin applicant new text end has at least three years of teaching experience in Minnesota;

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

(4) the deleted text begin candidate's deleted text end new text begin applicant's new text end 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.

Sec. 36.

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

Subdivision 1.

Tests.

(a) The Professional Educator Licensing and Standards Board
must adopt rules requiring deleted text begin a candidate deleted text end new text begin an applicant new text end 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. deleted text begin Candidates deleted text end new text begin Applicants new text end 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 deleted text begin candidates deleted text end new text begin applicants new text end meet the other requirements
in section 122A.181, 122A.182, or 122A.183, respectively.

(b) The board must adopt rules requiring deleted text begin candidates deleted text end new text begin applicants new text end for Tier 3 and Tier 4
licenses to pass an examination of general pedagogical knowledge and examinations of
licensure field specific content. The content examination requirement does not apply if no
relevant content exam exists.

(c) deleted text begin Candidates deleted text end new text begin Applicants new text end for initial Tier 3 and Tier 4 licenses to teach elementary
students must pass test items assessing the deleted text begin candidates' deleted text end new text begin applicants' new text end 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.

(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.

Sec. 37.

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

Subd. 4.

Remedial assistance.

(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 deleted text begin candidates' deleted text end new text begin applicants' new text end deficiency.

(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, Tier 2,
or Tier 3 license under section 122A.181, 122A.182, or 122A.183, respectively, to teach in
Minnesota.

Sec. 38.

Minnesota Statutes 2022, section 122A.187, subdivision 1, is amended to read:

Subdivision 1.

License form requirements.

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. deleted text begin The rules adopted by the Professional Educator Licensing and
Standards Board for renewing a Tier 3 or Tier 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. deleted text end The Board of School Administrators shall establish requirements
for renewing the licenses of supervisory personnel except athletic coaches. deleted text begin The Professional
Educator Licensing and Standards Board shall establish requirements for renewing the
licenses of athletic coaches.
deleted text end

Sec. 39.

Minnesota Statutes 2022, section 122A.19, subdivision 4, is amended to read:

Subd. 4.

Teacher preparation programs.

(a) For the purpose of licensing bilingual
and English as a second language teachers, the board may approve new text begin teacher preparation
new text end programs deleted text begin at colleges or universities deleted text end designed for their training.

(b) Programs that prepare English as a second language teachers 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.

Sec. 40.

Minnesota Statutes 2022, section 122A.69, is amended to read:

122A.69 PRACTICE OR STUDENT TEACHERS.

The Professional Educator Licensing and Standards Board may, by agreements with
teacher preparation institutions, arrange for classroom experience in the district for practice
or student teachers deleted text begin who have completed at least two years of deleted text end new text begin in new text end an approved teacher
preparation program. Such practice and student teachers must be appropriately supervised
by a fully qualified teacher under rules adopted by the board. A practice or student teacher
must be placed with a cooperating licensed teacher who has at least three years of teaching
experience and is not in the improvement process under section 122A.40, subdivision 8,
paragraph (b), clause (12), or 122A.41, subdivision 5, paragraph (b), clause (12). Practice
and student teachers are employees of the school district in which they are rendering services
for purposes of workers' compensation; liability insurance, if provided for other district
employees under section 123B.23; and legal counsel under section 123B.25.

Sec. 41. new text begin PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD
MEMBERSHIP.
new text end

new text begin By July 15, 2023, the governor must nominate members to the Professional Educator
Licensing and Standards Board to ensure the board consists of 13 members. Notwithstanding
any law to the contrary, the term of the school district human resources director serving on
the board as of March 1, 2023, ends December 31, 2023. By January 1, 2024, the governor
must nominate a member to the board to ensure the board consists of the 13 members
required under Minnesota Statutes, section 122A.07, subdivision 2.
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. 42. 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

Sec. 43. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 122A.07, subdivision 2a; 122A.091, subdivisions 3
and 6; 122A.18, subdivision 7c; and 122A.184, subdivision 3, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1268-1

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

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).

122A.091 REPORTS.

Subd. 3.

School district reports.

(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:

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

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

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

(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:

(1) the licensure areas in which the probationary teacher taught; and

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

(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:

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

(2) the principal preparation program providing instruction to the principal or assistant principal.

(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.

Subd. 6.

Implementation report.

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 licensure 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.

122A.18 BOARD TO ISSUE LICENSES.

Subd. 7c.

Temporary military license.

The Professional Educator Licensing and Standards Board shall establish a temporary license in accordance with section 197.4552 for teaching. The fee for a temporary license under this subdivision shall be $57. 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.

122A.184 TIER 4 LICENSE.

Subd. 3.

Mentorship and evaluation.

A teacher holding a Tier 4 license must participate in the employing district or charter school's mentorship and evaluation program, including an individual growth and development plan.