HF 1312

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for programs to meet 
  1.3             the educational and culturally related academic needs 
  1.4             of people of Mexican origin; amending Minnesota 
  1.5             Statutes 1994, section 126.70, subdivision 1; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 126. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9              AMERICANS OF MEXICAN ORIGIN EDUCATION ACT 
  1.10     Section 1.  [126.551] [DECLARATION OF POLICY.] 
  1.11     The legislature finds that a more adequate education is 
  1.12  needed for people of Mexican origin in the state of Minnesota.  
  1.13  The legislature recognizes the unique educational and culturally 
  1.14  related academic needs of people of Mexican origin.  The 
  1.15  legislature also is concerned about the lack of teachers of 
  1.16  Mexican origin in the state.  Therefore, pursuant to the policy 
  1.17  of the state to ensure equal educational opportunity to every 
  1.18  individual, it is the purpose of sections 126.551 to 126.5591 to 
  1.19  provide for Mexican origin education programs specially designed 
  1.20  to meet these unique educational or culturally related academic 
  1.21  needs or both. 
  1.22     Sec. 2.  [126.552] [MEXICAN ORIGIN LANGUAGE AND CULTURE 
  1.23  EDUCATION PROGRAMS.] 
  1.24     Subdivision 1.  [PROGRAM DESCRIBED.] Mexican origin 
  1.25  language and culture education programs shall be programs in 
  1.26  elementary and secondary schools enrolling children of Mexican 
  2.1   origin designed to: 
  2.2      (1) make the curriculum more relevant to the needs, 
  2.3   interests, and cultural heritage of pupils of Mexican origin; 
  2.4      (2) provide positive reinforcement of the self-image of 
  2.5   pupils of Mexican origin; and 
  2.6      (3) develop intercultural awareness among pupils, parents, 
  2.7   and staff.  Program components may include:  instruction in the 
  2.8   language, literature, history, and culture of people of Mexican 
  2.9   origin; development of support components for staff, including 
  2.10  in-service training and technical assistance in methods of 
  2.11  teaching pupils of Mexican origin; research projects, including 
  2.12  experimentation with and evaluation of methods of relating to 
  2.13  pupils of Mexican origin; provision of personal and vocational 
  2.14  counseling to pupils of Mexican origin; modification of 
  2.15  curriculum, instructional methods, and administrative procedures 
  2.16  to meet the needs of pupils of Mexican origin; and establishment 
  2.17  of cooperative liaisons with nonsectarian nonpublic, community, 
  2.18  tribal or alternative schools offering curricula which reflect 
  2.19  the culture of people of Mexican origin.  Districts offering 
  2.20  programs may make contracts for the provision of program 
  2.21  components by nonsectarian nonpublic, community, or alternative 
  2.22  schools.  These programs may also be provided as components of 
  2.23  early childhood and family education programs. 
  2.24     Subd. 2.  [VOLUNTARY ENROLLMENT.] Enrollment in Mexican 
  2.25  origin language and culture education programs shall be 
  2.26  voluntary.  School districts and participating schools shall 
  2.27  make affirmative efforts to encourage participation.  They shall 
  2.28  encourage parents to visit classes or come to school for a 
  2.29  conference explaining the nature of the program and provide 
  2.30  visits by school staff to parents' homes to explain the nature 
  2.31  of the program. 
  2.32     Subd. 3.  [ENROLLMENT OF OTHER CHILDREN; SHARED TIME 
  2.33  ENROLLMENT.] To the extent it is economically feasible, a school 
  2.34  district or participating school may make provision for the 
  2.35  voluntary enrollment of non-American children of Mexican origin 
  2.36  in the instructional components of a Mexican origin language and 
  3.1   culture education program in order that they may acquire an 
  3.2   understanding of the cultural heritage of the children of 
  3.3   Mexican origin for whom that particular program is designed.  
  3.4   However, in determining eligibility to participate in a program, 
  3.5   priority shall be given to children of Mexican origin.  Children 
  3.6   of Mexican origin and other children enrolled in a nonpublic 
  3.7   school system may be enrolled on a shared time basis in Mexican 
  3.8   origin language and culture education programs. 
  3.9      Subd. 4.  [LOCATION OF PROGRAMS.] Mexican origin language 
  3.10  and culture education programs shall be located in facilities in 
  3.11  which regular classes in a variety of subjects are offered on a 
  3.12  daily basis. 
  3.13     Subd. 5.  [ASSIGNMENT OF STUDENTS.] No school district or 
  3.14  participating school shall in providing these programs assign 
  3.15  students to schools in a way which will have the effect of 
  3.16  promoting segregation of students by race, sex, color, or 
  3.17  national origin. 
  3.18     Subd. 6.  [NONVERBAL COURSES AND EXTRACURRICULAR 
  3.19  ACTIVITIES.] In predominantly nonverbal subjects, such as art, 
  3.20  music, and physical education, children of Mexican origin shall 
  3.21  participate fully and on an equal basis with their 
  3.22  contemporaries in school classes provided for these subjects.  
  3.23  Every school district or participating school shall ensure to 
  3.24  children enrolled in Mexican origin language and culture 
  3.25  education programs an equal and meaningful opportunity to 
  3.26  participate fully with other children in all extracurricular 
  3.27  activities.  This subdivision shall not be construed to prohibit 
  3.28  instruction in nonverbal subjects or extracurricular activities 
  3.29  which relate to the cultural heritage of the children of Mexican 
  3.30  origin, or which are otherwise necessary to accomplish the 
  3.31  objectives described in sections 126.551 to 126.5591. 
  3.32     Sec. 3.  [126.553] [TEACHERS; LICENSES; EXEMPTIONS.] 
  3.33     Subdivision 1.  [MEXICAN ORIGIN LANGUAGE AND CULTURE 
  3.34  EDUCATION LICENSES.] The board of teaching shall grant initial 
  3.35  and continuing teaching licenses in Mexican origin language and 
  3.36  culture education that bear the same duration as other initial 
  4.1   and continuing licenses.  The board shall grant licenses to 
  4.2   persons who present satisfactory evidence that they possess: 
  4.3      (a) competence in a Mexican origin language or possess 
  4.4   unique qualifications relative to or knowledge and understanding 
  4.5   of the history and culture of people of Mexican origin; or 
  4.6      (b) a bachelor's degree or other academic degree approved 
  4.7   by the board or meet such requirements as to course of study and 
  4.8   training as the board may prescribe, or possess such relevant 
  4.9   experience as the board may prescribe. 
  4.10     This evidence may be presented by affidavits, resolutions, 
  4.11  or by such other methods as the board may prescribe.  
  4.12  Individuals may present applications for licensure on their own 
  4.13  behalf or these applications may be submitted by the 
  4.14  superintendent or other authorized official of a school district 
  4.15  or participating school. 
  4.16     Subd. 2.  [PERSONS HOLDING GENERAL TEACHING LICENSES.] A 
  4.17  person holding a general teaching license who presents the board 
  4.18  with satisfactory evidence of competence in a Mexican origin 
  4.19  language, or knowledge and understanding of Mexican origin 
  4.20  history and culture may be licensed under this section. 
  4.21     Subd. 3.  [EMPLOYMENT OF TEACHERS.] Teachers employed in a 
  4.22  Mexican origin language and culture education program pursuant 
  4.23  to sections 126.551 to 126.5591 shall not be employed to replace 
  4.24  any presently employed teacher who otherwise would not be 
  4.25  replaced. 
  4.26     Subd. 4.  [TEACHER PREPARATION PROGRAMS.] For the purpose 
  4.27  of licensing Mexican origin language and culture education 
  4.28  teachers, the board may approve programs at colleges or 
  4.29  universities designed for their training subject to the approval 
  4.30  of the state board of education. 
  4.31     Subd. 5.  [PERSONS ELIGIBLE FOR EMPLOYMENT; EXEMPTIONS.] 
  4.32  Any person licensed under this section shall be eligible for 
  4.33  employment by a school board or a participating school as a 
  4.34  teacher in a Mexican origin language and culture education 
  4.35  program in which the Mexican origin language or culture in which 
  4.36  the person is licensed is taught.  A school district or 
  5.1   participating school may prescribe only those additional 
  5.2   qualifications for teachers licensed under this section as are 
  5.3   approved by the board of teaching.  Any school board or 
  5.4   participating school upon request may be exempted from the 
  5.5   licensure requirements of this section in the hiring of one or 
  5.6   more Mexican origin language and culture education teachers for 
  5.7   any school year in which compliance would, in the opinion of the 
  5.8   commissioner of education, create a hardship in the securing of 
  5.9   the teachers. 
  5.10     Subd. 6.  [PERSONS SERVING UNDER EXEMPTIONS; LICENSURE; 
  5.11  TENURE.] A Mexican origin language and culture education teacher 
  5.12  serving under an exemption as provided in subdivision 5 shall be 
  5.13  granted a license as soon as that teacher achieves the 
  5.14  qualifications for it.  Not more than one year of service by a 
  5.15  Mexican origin language education teacher under an exemption 
  5.16  shall be credited to the teacher for the purposes of section 
  5.17  125.12 and not more than two years shall be credited for the 
  5.18  purposes of section 125.17; and the one or two years shall be 
  5.19  deemed to precede immediately and be consecutive with the year 
  5.20  in which a teacher becomes licensed. 
  5.21     Subd. 7.  [COMPENSATION.] A teacher holding a license or 
  5.22  exemption under this section shall be compensated according to a 
  5.23  schedule which is at least equivalent to that applicable to 
  5.24  teachers holding general licenses. 
  5.25     Subd. 8.  [AFFIRMATIVE EFFORTS IN HIRING.] In hiring for 
  5.26  all positions in these programs, school districts and 
  5.27  participating schools shall give preference to and make 
  5.28  affirmative efforts to seek, recruit, and employ persons who 
  5.29  share the culture of the children of Mexican origin who are 
  5.30  enrolled in the program.  The district or participating school 
  5.31  shall provide procedures for the involvement of the parent 
  5.32  advisory committees in designing the procedures for the 
  5.33  recruitment, screening and selection of applicants, provided 
  5.34  that nothing herein shall be construed to limit the school 
  5.35  board's authority to hire and discharge personnel. 
  5.36     Sec. 4.  [126.554] [TEACHERS' AIDES; COMMUNITY 
  6.1   COORDINATORS.] 
  6.2      In addition to employing Mexican origin language and 
  6.3   culture education teachers, each district or participating 
  6.4   school providing programs pursuant to sections 126.551 to 
  6.5   126.5591 may employ teachers' aides.  Teachers' aides shall not 
  6.6   be employed for the purpose of supplanting Mexican origin 
  6.7   language and culture education teachers. 
  6.8      Any district or participating school which conducts Mexican 
  6.9   origin language and culture education programs pursuant to 
  6.10  sections 126.551 to 126.5591 shall employ one or more full-time 
  6.11  or part-time community coordinators if there are 100 or more 
  6.12  students enrolled in the program.  Community coordinators shall 
  6.13  promote communication understanding, and cooperation between the 
  6.14  schools and the community and shall visit the homes of children 
  6.15  who are to be enrolled in a Mexican origin language and culture 
  6.16  education program in order to convey information about the 
  6.17  program. 
  6.18     Sec. 5.  [126.555] [RECRUITING AND RETAINING TEACHERS OF 
  6.19  MEXICAN ORIGIN.] 
  6.20     This section applies to a school board of a school district 
  6.21  in which there are at least ten children of Mexican origin 
  6.22  enrolled.  The school board shall actively recruit teacher 
  6.23  applicants of Mexican origin from the time it is reasonably 
  6.24  expected that a position will become available until the 
  6.25  position is filled or September 1, whichever is earlier.  
  6.26  Notwithstanding section 125.12, subdivision 4, 6a, or 6b, 
  6.27  125.17, subdivisions 3 and 11, any other law to the contrary, or 
  6.28  any provision of a contract entered into after May 7, 1988, to 
  6.29  the contrary, when placing a teacher on unrequested leave of 
  6.30  absence, the board may retain a probationary teacher or a 
  6.31  teacher with less seniority in order to retain a teacher of 
  6.32  Mexican origin. 
  6.33     Sec. 6.  [126.556] [PARENT AND COMMUNITY PARTICIPATION.] 
  6.34     Subdivision 1.  [PARENT COMMITTEE.] School boards shall 
  6.35  provide for the maximum involvement of parents of children 
  6.36  enrolled in education programs, including language and culture 
  7.1   education programs, programs for elementary and secondary 
  7.2   grades, special education programs, and support services.  
  7.3   Accordingly, the school board of a school district in which 
  7.4   there are ten or more children of Mexican origin enrolled shall 
  7.5   establish a parent committee.  If a committee of parents of 
  7.6   children of Mexican origin has been or is established according 
  7.7   to federal or other state law, that committee shall serve as the 
  7.8   committee required by this section and shall be subject to, at 
  7.9   least, the requirements of this section.  
  7.10     The parent committee shall develop its recommendations in 
  7.11  consultation with the curriculum advisory committee required by 
  7.12  section 126.666, subdivision 2.  This committee shall afford 
  7.13  parents the necessary information and the opportunity 
  7.14  effectively to express their views concerning all aspects of the 
  7.15  education of people of Mexican origin and the educational needs 
  7.16  of children of Mexican origin enrolled in the school or 
  7.17  program.  The committee shall also address the need for adult 
  7.18  education programs for people of Mexican origin in the 
  7.19  community.  The school board shall ensure that programs are 
  7.20  planned, operated, and evaluated with the involvement of and in 
  7.21  consultation with parents of children served by the programs. 
  7.22     Subd. 2.  [RESOLUTION OF CONCURRENCE.] Each year by 
  7.23  December 1, the school board shall submit to the department of 
  7.24  education a copy of a resolution adopted by the parent 
  7.25  committee.  The copy must be signed by the chair of the 
  7.26  committee and must state whether the committee concurs with the 
  7.27  educational programs for children of Mexican origin offered by 
  7.28  the school board.  If the committee does not concur with the 
  7.29  educational programs, the reasons for nonconcurrence and 
  7.30  recommendations shall be submitted with the resolution.  By 
  7.31  resolution, the school board shall respond, in cases of 
  7.32  nonconcurrence, to each recommendation made by the committee and 
  7.33  state its reasons for not implementing the recommendations. 
  7.34     Subd. 3.  [MEMBERSHIP.] The committee shall be composed of 
  7.35  parents of children eligible to be enrolled in Mexican origin 
  7.36  education programs; secondary students eligible to be served; 
  8.1   Mexican origin language and culture education teachers and 
  8.2   aides; teachers of Mexican origin; counselors; adult people of 
  8.3   Mexican origin enrolled in educational programs; and 
  8.4   representatives from community groups.  A majority of each 
  8.5   committee shall be parents of children enrolled or eligible to 
  8.6   be enrolled in the programs.  The number of parents of American 
  8.7   and non-American children of Mexican origin shall reflect 
  8.8   approximately the proportion of children of those groups 
  8.9   enrolled in the programs. 
  8.10     Sec. 7.  [126.557] [STATE BOARD OF EDUCATION DUTIES.] 
  8.11     Subdivision 1.  [COMMUNITY INVOLVEMENT.] The state board 
  8.12  shall provide for the maximum involvement of the state 
  8.13  committees on Mexican origin education, parents of children of 
  8.14  Mexican origin, secondary students eligible to be served, 
  8.15  Mexican origin language and culture education teachers, teachers 
  8.16  of Mexican origin, teachers' aides, representatives of community 
  8.17  groups, and persons knowledgeable in the field of Mexican origin 
  8.18  education, in the formulation of policy and procedures relating 
  8.19  to the administration of sections 126.551 to 126.5591.  
  8.20     Subd. 2.  [TECHNICAL ASSISTANCE.] The commissioner shall 
  8.21  provide technical assistance to school districts, schools and 
  8.22  post-secondary institutions for preservice and in-service 
  8.23  training for teachers of Mexican origin language and culture and 
  8.24  teachers' aides, teaching methods, curriculum development, 
  8.25  testing and testing mechanisms, and the development of materials 
  8.26  for Mexican origin education programs. 
  8.27     Sec. 8.  [126.558] [IN-SERVICE PREPARATION IN MEXICAN 
  8.28  ORIGIN.] 
  8.29     Subdivision 1.  [WHERE REQUIRED.] This section applies to 
  8.30  schools in which there are at least ten children of Mexican 
  8.31  origin enrolled.  The school shall provide an in-service 
  8.32  preparation program to prepare teachers to understand and 
  8.33  effectively relate to the history, culture, and current problems 
  8.34  of pupils of Mexican origin and their environment.  
  8.35     Subd. 2.  [IMPLEMENTATION.] (a) Within one year of the 
  8.36  effective date of this section, all schools in which there are 
  9.1   at least ten children of Mexican origin enrolled must implement 
  9.2   an in-service program to prepare teachers to understand and 
  9.3   effectively relate to the history, culture, and current problems 
  9.4   of pupils of Mexican origin and their environment. 
  9.5      (b) Within one year of a school enrolling at least ten 
  9.6   children of Mexican origin, the school must implement an 
  9.7   in-service program to prepare teachers to understand and 
  9.8   effectively relate to the history, culture, and current problems 
  9.9   of pupils of Mexican origin and their environment. 
  9.10     Subd. 3.  [APPROVED COURSES.] The commissioner shall 
  9.11  develop a list of approved courses that meet the requirements of 
  9.12  this section.  The commissioner shall distribute the list to 
  9.13  interested teachers, administrators, school districts, and 
  9.14  schools.  The commissioner shall coordinate the efforts of 
  9.15  school districts and post-secondary institutions to develop 
  9.16  adequate course offerings to satisfy the requirements of this 
  9.17  section. 
  9.18     Subd. 4.  [CONTENT OF IN-SERVICE PROGRAMS.] (a) In-service 
  9.19  programs designed to fulfill the requirements of this section 
  9.20  must be courses or programs offered by community colleges, state 
  9.21  universities, the University of Minnesota, or private colleges 
  9.22  approved by the state board.  All community colleges, state 
  9.23  universities, and the University of Minnesota must develop 
  9.24  programs or courses for in-service programs required under this 
  9.25  section.  Within one year of the effective date of this section, 
  9.26  all community colleges, state universities, and the University 
  9.27  of Minnesota must develop courses or programs for in-service 
  9.28  programs required under this section. 
  9.29     (b) The programs shall be developed cooperatively with the 
  9.30  department of education and shall have prior approval of the 
  9.31  department of education.  An in-service service program required 
  9.32  under this section shall include the history, culture, and 
  9.33  current problems of pupils of Mexican origin. 
  9.34     Subd. 5.  [REPORTING REQUIREMENT.] Each year by December 1, 
  9.35  the school board shall submit to the department of education in 
  9.36  a manner prescribed by the department a report describing how 
 10.1   the school district has met the requirements of this section for 
 10.2   the year. 
 10.3      Subd. 6.  [CONTINUING EDUCATION.] All programs and courses 
 10.4   established under this section satisfy continuing education 
 10.5   requirements for teacher license renewal. 
 10.6      Sec. 9.  [126.559] [COMMITTEES ON MEXICAN ORIGIN EDUCATION 
 10.7   PROGRAMS.] 
 10.8      Subdivision 1.  [CREATION.] The state board of education 
 10.9   shall create one or more Mexican origin education committees.  
 10.10  Members shall include representatives of community groups, 
 10.11  parents of children eligible to be served by the programs, 
 10.12  administrators and teachers of Mexican origin, persons 
 10.13  experienced in the training of teachers for Mexican origin 
 10.14  education programs, persons involved in programs for children of 
 10.15  Mexican origin, and persons knowledgeable in the field of the 
 10.16  education of people of Mexican origin.  Members shall be 
 10.17  appointed so as to be representative of significant segments of 
 10.18  the population of people of Mexican origin.  
 10.19     Subd. 2.  [ADVISORY TO STATE BOARD.] Each committee on 
 10.20  Mexican origin education programs shall advise the state board 
 10.21  in the administration of its duties under sections 126.551 to 
 10.22  126.5591 and other programs for the education of people of 
 10.23  Mexican origin, as determined by the state board.  
 10.24     Subd. 3.  [REIMBURSEMENT.] Each committee shall be 
 10.25  reimbursed for expenses according to section 15.059, subdivision 
 10.26  6.  The state board shall determine the membership terms and the 
 10.27  duration of each committee. 
 10.28     Sec. 10.  [126.5591] [CONSTRUCTION.] 
 10.29     Nothing in the provisions of sections 126.551 to 126.5591 
 10.30  shall be construed to violate the provisions of section 127.08 
 10.31  or chapter 363.  Programs and activities pursuant to sections 
 10.32  126.551 to 126.5591 shall be deemed to be positive action 
 10.33  programs to combat discrimination. 
 10.34     Sec. 11.  Minnesota Statutes 1994, section 126.70, 
 10.35  subdivision 1, is amended to read: 
 10.36     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
 11.1   board shall use the revenue authorized in section 124A.29 for 
 11.2   in-service education for programs under section 126.558 or 
 11.3   126.77, subdivision 2, or for staff development plans under this 
 11.4   section.  The board must establish a staff development committee 
 11.5   to develop the plan, advise a site decision-making team about 
 11.6   the plan, and evaluate staff development efforts at the site 
 11.7   level.  A majority of the advisory committee must be teachers 
 11.8   representing various grade levels, subject areas, and special 
 11.9   education.  The advisory committee must also include nonteaching 
 11.10  staff, parents, and administrators.  Districts shall report 
 11.11  staff development results to the commissioner in the form and 
 11.12  manner determined by the commissioner.