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HF 140

1st Unofficial Engrossment - 90th Legislature (2017 - 2018) Posted on 05/16/2017 06:44pm

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

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

ARTICLE 1

PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD

Section 1.

Minnesota Statutes 2016, section 122A.06, subdivision 2, is amended to read:


Subd. 2.

Teacher.

"Teacher" means a classroom teacher or other similar professional
employee required to hold a license from the Professional Educator Licensing and Standards
Board of Teaching.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 2.

Minnesota Statutes 2016, section 122A.06, subdivision 3, is amended to read:


Subd. 3.

Board.

"Board" means the Professional Educator Licensing and Standards
Board of Teaching.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 3.

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


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

Subdivision 1.

Appointment of members.

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

Subd. 2.

Eligibility; board composition.

Except for the representatives of higher
education and the public, to be eligible for appointment to the Board of Teaching a person
must be a teacher currently teaching in a Minnesota school and fully licensed for the position
held and have at least five years teaching experience in Minnesota, including the two years
immediately preceding nomination and appointment.
Each nominee, other than a public
nominee, must be selected on the basis of professional experience and knowledge of teacher
education, accreditation, and licensure. The board must be composed of:

(1) six five teachers who are currently teaching in a Minnesota school or who were
teaching at the time of the appointment and who do not qualify under clause (2) or (3), at
least four of whom must be teaching in a public school
, at least one of whom must be a
teacher in a charter school, one of whom must be from a related service category licensed
by the board, and one of whom must be licensed in either a geographic or license shortage
area, and none of whom may be serving in an administrative function at a school district or
school as of the effective date of this section
;

(2) one higher education representative, who must be a faculty member preparing teachers
one superintendent
;

(3) one school administrator district human resources director; and

(4) three members of the public, two of whom must be present or former members of
school boards
one elementary or secondary school principal; and

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

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) two members must be appointed for terms that expire January 1, 2020;

(3) two 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 the effective date of this section.

Subd. 3.

Vacant position.

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

Subd. 4.

Administration, Terms, compensation; removal; vacancies.

The provision
of staff, administrative services and office space; the
review and processing of complaints;
the setting of fees; the selection and duties of an executive secretary 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,
compensation of members, removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements are as provided in sections 214.07 to 214.09.

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 commissioner of administration must provide the board with administrative
support services, according to section 16B.371.

(c) The commissioner of education must provide suitable offices and other space to the
board at no cost until January 1, 2020. Thereafter, the board may contract with either the
commissioner of education or the commissioner of administration for the provision of
suitable offices and other space, joint conference and hearing facilities, and examination
rooms.

Subd. 5.

District reimbursement for costs of substitute teachers.

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 4.

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


122A.08 MEETINGS.

Subdivision 1.

Meetings.

The Professional Educator Licensing and Standards Board of
Teaching
must meet regularly at the times and places as the board determines. Meetings
must be called by the chair or at the written request of any eight members.

Subd. 2.

Executive secretary director.

The Professional Educator Licensing and
Standards
Board of Teaching must have an executive secretary director who is in the
unclassified civil service and who is not a member of the board. The executive director must
fulfill the duties provided in section 122A.09, subdivision 6. The board must review the
performance of the executive director and set the salary of the executive director, not to
exceed the limit for a position listed in section 15A.0815, subdivision 2.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 5.

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


Subdivision 1.

Code of ethics.

The Professional Educator Licensing and Standards
Board of Teaching must develop by rule a code of ethics covering standards of professional
teaching practices, including areas of ethical conduct and professional performance and
methods of enforcement.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 6.

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


Subd. 2.

Advise members of profession.

The Professional Educator Licensing and
Standards
Board must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethics.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 7.

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


Subd. 3.

Election of chair and officers.

The Professional Educator Licensing and
Standards
Board shall elect a chair and such other officers as it may deem necessary.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 8.

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


Subd. 4.

License and rules Licensing.

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

(b) The board must require all candidates for teacher licensure to demonstrate establish
a passing score on a board-adopted skills examination in reading, writing, and mathematics,
as for a requirement for an initial professional five-year Tier, 2, 3, or 4 teaching license,
except that the board may issue up to four initial professional one-year teaching licenses to
an otherwise qualified candidate who has not yet passed the board-adopted skills exam
. The
board must require colleges and universities offering a board-approved teacher preparation
program to provide remedial assistance to persons who did not achieve a qualifying score
on the board-adopted skills examination, including those for whom English is a second
language. The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1. The Board of Teaching and the entity administering the content,
pedagogy, and skills examinations must allow any individual who produces documentation
of a disability in the form of an evaluation, 504 plan, or individual education program (IEP)
to receive the same testing accommodations on the content, pedagogy, and skills examinations
that the applicant received during their secondary or postsecondary education.

(c) The board must adopt rules to approve teacher preparation programs, including
alternative teacher preparation programs under section 122A.245, nonconventional programs,
and Montessori teacher training programs
. The board, upon the request of a postsecondary
student preparing for teacher licensure or a licensed graduate of a teacher preparation
program, shall assist in resolving a dispute between the person and a postsecondary institution
providing a teacher preparation program when the dispute involves an institution's
recommendation for licensure affecting the person or the person's credentials. At the board's
discretion, assistance may include the application of chapter 14.

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that focuses
on the skills teachers need in order to be effective. Among other components, teacher
preparation programs may use the Minnesota State Colleges and Universities program model
to provide a school-year-long student teaching program that combines clinical opportunities
with academic coursework and in-depth student teaching experiences to offer students
ongoing mentorship, coaching, and assessment, help to prepare a professional development
plan, and structured learning experiences. The board shall implement new systems of teacher
preparation program evaluation to assure program effectiveness based on proficiency of
graduates in demonstrating attainment of program outcomes. Teacher preparation programs
including alternative teacher preparation programs under section 122A.245, among other
programs, must include a content-specific, board-approved, performance-based assessment
that measures teacher candidates in three areas: planning for instruction and assessment;
engaging students and supporting learning; and assessing student learning. The board's
redesign rules must include creating flexible, specialized teaching licenses, credentials, and
other endorsement forms to increase students' participation in language immersion programs,
world language instruction, career development opportunities, work-based learning, early
college courses and careers, career and technical programs, Montessori schools, and project
and place-based learning, among other career and college ready learning offerings.

(e) The board must adopt rules requiring candidates for professional five-year teaching
licenses to pass
establish a passing score for candidates on an examination of general
pedagogical knowledge and examinations of licensure-specific teaching skills for a Tier 2,
3, or 4 teaching license
. The rules shall be effective by September 1, 2001. The rules under
this paragraph also must require candidates for initial licenses to teach prekindergarten or
elementary students to pass, as part of the examination of licensure-specific teaching skills,
test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the development
of reading comprehension, and reading assessment and instruction, and their ability to
integrate that knowledge and understanding.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for professional five-year
teaching licenses based on appropriate professional competencies that are aligned with the
board's licensing system and students' diverse learning needs. All teacher candidates must
have preparation in English language development and content instruction for English
learners in order to be able to effectively instruct the English learners in their classrooms.
The board must include these licenses in a statewide differentiated licensing system that
creates new leadership roles for successful experienced teachers premised on a collaborative
professional culture dedicated to meeting students' diverse learning needs in the 21st century,
recognizes the importance of cultural and linguistic competencies, including the ability to
teach and communicate in culturally competent and aware ways, and formalizes mentoring
and induction for newly licensed teachers provided through a teacher support framework.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) (h) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses. The board must require a licensed teacher
who is renewing a professional five-year Tier 3 or 4 teaching license to include in the renewal
requirements further preparation in English language development and specially designed
content instruction in English for English learners.

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) (i) The board must adopt rules that require all licensed teachers who are renewing
their professional five-year Tier 3 or 4 teaching licenses to include in their renewal
requirements further preparation in the areas of using positive behavior interventions and
in accommodating, modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure adequate progress toward
the state's graduation rule.

(l) (j) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) (k) The board must adopt rules that require all licensed teachers who are renewing
their professional five-year Tier 3 or 4 teaching licenses to include in their renewal
requirements further reading preparation, consistent with section 122A.06, subdivision 4.
The rules do not take effect until they are approved by law. Teachers who do not provide
direct instruction including, at least, counselors, school psychologists, school nurses, school
social workers, audiovisual directors and coordinators, and recreation personnel are exempt
from this section.

(n) (l) The board must adopt rules that require all licensed teachers who are renewing
their professional five-year Tier 3 or 4 teaching licenses to include in their renewal
requirements at least one hour of suicide prevention best practices in each licensure renewal
period that are based on nationally recognized evidence-based programs and practices,
among the continuing education credits required to renew a license under this paragraph,
and further preparation, first, in understanding the key warning signs of early-onset mental
illness in children and adolescents and then, during subsequent licensure renewal periods,
preparation may include providing a more in-depth understanding of students' mental illness
trauma, accommodations for students' mental illness, parents' role in addressing students'
mental illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section
125A.0942 governing restrictive procedures, and de-escalation methods, among other similar
topics.

(o) The board must adopt rules by January 1, 2016, to license applicants under sections
122A.23 and 122A.245. The rules must permit applicants to demonstrate their qualifications
through the board's recognition of a teaching license from another state in a similar content
field, completion of a state-approved teacher preparation program, teaching experience as
the teacher of record in a similar licensure field, depth of content knowledge, depth of
content methods or general pedagogy, subject-specific professional development and
contribution to the field, or classroom performance as determined by documented student
growth on normed assessments or documented effectiveness on evaluations. The rules must
adopt criteria for determining a "similar content field" and "similar licensure area."

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 9.

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


Subd. 4a.

Teacher and administrator preparation and performance data; report.

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

(b) Publicly reported summary data on teacher preparation programs must include:
student entrance requirements for each Professional Educator Licensing and Standards
Board of Teaching-approved approved program, including grade point average for enrolling
students in the preceding year; the average board-adopted skills examination or ACT or
SAT scores of students entering the program in the preceding year; summary data on faculty
qualifications, including at least the content areas of faculty undergraduate and graduate
degrees and their years of experience either as kindergarten through grade 12 classroom
teachers or school administrators; the average time resident and nonresident program
graduates in the preceding year needed to complete the program; the current number and
percent of students by program who graduated, received a standard Minnesota teaching
license, and were hired to teach full time in their licensure field in a Minnesota district or
school in the preceding year, disaggregated by race, except when disaggregation would not
yield statistically reliable results or would reveal personally identifiable information about
an individual
; the number of content area credits and other credits by undergraduate program
that students in the preceding school year needed to complete to graduate; students' pass
rates on skills and subject matter exams required for graduation in each program and licensure
area in the preceding school year; survey results measuring student and graduate satisfaction
with the program in the preceding school year, disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual
; a standard measure of the satisfaction of school
principals or supervising teachers with the student teachers assigned to a school or supervising
teacher; and information under paragraphs (d) and (e). Program reporting must be consistent
with subdivision 11.

(c) Publicly reported summary data on administrator preparation programs approved by
the Board of School Administrators must include: summary data on faculty qualifications,
including at least the content areas of faculty undergraduate and graduate degrees and their
years of experience either as kindergarten through grade 12 classroom teachers or school
administrators; the average time program graduates in the preceding year needed to complete
the program; the current number and percent of students who graduated, received a standard
Minnesota administrator license, and were employed as an administrator in a Minnesota
school district or school in the preceding year, disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual
; the number of credits by graduate program
that students in the preceding school year needed to complete to graduate; survey results
measuring student, graduate, and employer satisfaction with the program in the preceding
school year, disaggregated by race, except when disaggregation would not yield statistically
reliable results or would reveal personally identifiable information about an individual
; and
information under paragraphs (f) and (g). Program reporting must be consistent with section
122A.14, subdivision 10.

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

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

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

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 10.

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


Subd. 6.

Register of persons licensed.

The executive secretary director of the
Professional Educator Licensing and Standards Board of Teaching shall 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, address, license number and the renewal of the
license. The board must on July 1, of each year or as soon thereafter as is practicable, compile
a list of such duly licensed teachers and transmit a copy of the list to the board. A copy of
the register must be available during business hours at the office of the board to any interested
person.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 11.

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


Subd. 7.

Commissioner's assistance; Professional Educator Licensing and Standards
Board money.

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 12.

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


Subd. 9.

Professional Educator Licensing and Standards Board may must adopt
rules.

(a) The Professional Educator Licensing and Standards Board of Teaching may must
adopt rules subject to the provisions of chapter 14 to implement sections 122A.05 to 122A.09,
122A.16, 122A.17, 122A.18, 122A.187, 122A.188, 122A.20, 122A.21, and 122A.23.

(b) If a rule adopted by the board is in conflict with a session law or statute, the law or
statute prevails. Terms adopted in rule must be clearly defined and must not be construed
to conflict with terms adopted in statute or session law.

(c) 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.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 13.

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


Subd. 10.

Permissions.

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

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

(e) The Board of Teaching may grant a one-year waiver, renewable two times, to allow
individuals who hold a bachelor's degree from an accredited postsecondary institution,
demonstrate occupational competency based on at least three years of full-time work
experience in business or industry, and enroll and make satisfactory progress in an alternative
preparation program leading to certification as a career and technical education instructor
to teach career and technical education courses offered by a school district or charter school.

Consistent with this paragraph and section 136F.361, the Professional Educator Licensing
and Standards
Board of Teaching must strongly encourage approved college or
university-based
teacher preparation programs and institutions 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.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 14.

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


122A.22 DISTRICT VERIFICATION OF TEACHER LICENSES.

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 15.

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


Subd. 6.

Survey of districts.

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

Sec. 16.

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


Subdivision 1.

Services provided.

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 17.

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


214.045 COORDINATION WITH PROFESSIONAL EDUCATOR LICENSING
AND STANDARDS
BOARD OF TEACHING.

The commissioner of health and the health-related licensing boards must coordinate
with the Professional Educator Licensing and Standards Board of Teaching when modifying
licensure requirements for regulated persons in order to have consistent regulatory
requirements for personnel who perform services in schools.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 18. TRANSFER OF POWERS.

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

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

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 19. FIRST APPOINTMENTS TO THE PROFESSIONAL EDUCATOR
LICENSING AND STANDARDS BOARD.

The governor shall make appointments to the Professional Educator Licensing and
Standards Board by September 1, 2017, for terms that begin January 1, 2018. The governor
shall designate one member of the board to convene the first meeting by February 1, 2018,
and to act as chair until the board elects a chair at its first meeting.

Sec. 20.

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.181. The report must include the number of
applicants for license in each tier, the number of applications granted and denied, summary
data on the reasons applications were denied, and the status of the board's rulemaking process
for all licensure-related rules.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 21. REVISOR INSTRUCTION.

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

ARTICLE 2

LICENSURE

Section 1.

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


Subd. 12.

Endorsement; dual enrollment instruction.

The Board of Teaching must
issue an endorsement for dual enrollment instruction to a high school teacher licensed in a
content-specific field who successfully completes the requirements for providing dual
enrollment instruction in the teacher's licensure field, consistent with board-adopted
standards. The board must adopt standards for this endorsement in consultation with eligible
public postsecondary institutions participating in course agreements under section 124D.09,
subdivision 10. The board-adopted standards for the endorsement must allow a secondary
teacher that receives the endorsement to teach a dual credit course offered by any eligible
postsecondary institution. The endorsement means a change in the teacher's license that
allows the teacher to teach postsecondary college in the schools dual credit courses under
section 124D.09, subdivision 10, at a high school.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

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


122A.17 VALIDITY OF CERTIFICATES OR LICENSES.

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

(b) All teacher licenses in effect on January 1, 2018, shall remain valid for one additional
year after the date the license is scheduled to expire.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 3.

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


Subdivision 1.

Authority to license.

(a) The Professional Educator Licensing and
Standards
Board of Teaching must license teachers, as defined in section 122A.15,
subdivision 1
, except for supervisory personnel, as defined in section 122A.15, subdivision
2
.
issue teacher licenses to candidates who meet the qualifications prescribed by this chapter.

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

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

(d) (c) The Professional Educator Licensing and Standards Board of Teaching and the
Department of Education must enter into a data sharing agreement to share educational data
at the E-12 level for the limited purpose of program approval and improvement for teacher
education programs. The program approval process must include targeted redesign of teacher
preparation programs to address identified E-12 student areas of concern.

(e) (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.

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 4.

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


Subd. 2.

Teacher and Support personnel qualifications.

(a) The Professional Educator
Licensing and Standards
Board of Teaching must issue licenses under its jurisdiction to
persons the board finds to be qualified and competent for their respective positions, including
those meeting the standards adopted under section 122A.09, subdivision 4, paragraph (n).

(b) The board must require a candidate for teacher licensure to demonstrate establish a
passing score on a board-adopted examination of skills in reading, writing, and mathematics,
before being for a candidate to be granted a professional five-year Tier 2, 3, or 4 teaching
license to provide direct instruction to pupils in prekindergarten, elementary, secondary, or
special education programs, except that the board may issue up to four temporary, one-year
teaching licenses to an otherwise qualified candidate who has not yet passed a board-adopted
skills exam. At the request of the employing school district or charter school, the Board of
Teaching may issue an initial professional one-year teaching license to an otherwise qualified
teacher not passing or demonstrating a passing score on a board-adopted skills examination
in reading, writing, and mathematics. For purposes of this section, the initial professional
one-year teaching license issued by the board is limited to the current subject or content
matter the teacher is employed to teach and limited to the district or charter school requesting
the initial professional one-year teaching license. If the board denies the request, it must
provide a detailed response to the school administrator as to the reasons for the denial
. The
board must require colleges and universities offering a board approved teacher preparation
program to make available upon request remedial assistance that includes a formal diagnostic
component to persons enrolled in their institution who did not achieve a qualifying score
on a board-adopted skills examination, including those for whom English is a second
language. The colleges and universities must make available assistance in the specific
academic areas of candidates' deficiency. School districts may make available upon request
similar, appropriate, and timely remedial assistance that includes a formal diagnostic
component to those persons employed by the district who completed their teacher education
program, who did not achieve a qualifying score on a board-adopted skills examination,
and who received an initial professional one-year teaching license to teach in Minnesota.
The board of Teaching shall report annually to the education committees of the legislature
on the total number of teacher candidates during the most recent school year taking a
board-adopted skills examination, the number who achieve a qualifying score on the
examination, the number who do not achieve a qualifying score on the examination, and
the candidates who have not passed a content or pedagogy exam, disaggregated by categories
of race, ethnicity, and eligibility for financial aid.

(c) The Board of Teaching must grant professional five-year teaching licenses only to
those persons who have met board criteria for that license, which includes passing a
board-adopted skills examination in reading, writing, and mathematics, and the exceptions
in section 122A.09, subdivision 4, paragraph (b), that are consistent with this paragraph.
The requirement to pass a board-adopted reading, writing, and mathematics skills
examination, does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a professional five-year
teaching license to provide direct instruction in their native language or world language
instruction under section 120B.022, subdivision 1.

(d) All colleges and universities approved by the board of teaching to prepare persons
for teacher licensure must include in their teacher preparation programs a common core of
teaching knowledge and skills to be acquired by all persons recommended for teacher
licensure. Among other requirements, teacher candidates must demonstrate the knowledge
and skills needed to provide appropriate instruction to English learners to support and
accelerate their academic literacy, including oral academic language, and achievement in
content areas in a regular classroom setting. This common core shall meet the standards
developed by the interstate new teacher assessment and support consortium in its 1992
"model standards for beginning teacher licensing and development." Amendments to
standards adopted under this paragraph are covered by chapter 14. The board of teaching
shall report annually to the education committees of the legislature on the performance of
teacher candidates on common core assessments of knowledge and skills under this paragraph
during the most recent school year.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 5.

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


Subd. 2b.

Reading specialist.

Not later than July 1, 2002, The Professional Educator
Licensing and Standards
Board of Teaching must adopt rules providing for reading teacher
licensure.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 6.

Minnesota Statutes 2016, section 122A.18, subdivision 3, is amended to read:


Subd. 3.

Supervisory and coach qualifications; code of ethics.

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 7.

Minnesota Statutes 2016, section 122A.18, subdivision 3a, is amended to read:


Subd. 3a.

Technology strategies.

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 8.

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


Subd. 7a.

Permission to substitute teach.

(a) The Professional Educator Licensing and
Standards
Board of Teaching may allow a person who is enrolled in and making satisfactory
progress in a board-approved teacher program and who has successfully completed student
teaching to be employed as a short-call substitute teacher.

(b) The Professional Educator Licensing and Standards Board of Teaching may issue a
lifetime qualified short-call or long-call substitute teaching license to a person who:

(1) was a qualified teacher under section 122A.16 while holding a professional five-year
Tier 3 or Tier 4 teaching license issued by the board, under section 122A.181, and receives
a retirement annuity from the Teachers Retirement Association or the St. Paul Teachers
Retirement Fund Association;

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

7(3) held a professional five-year Tier 3 or Tier 4 teaching license issued by the board,
under section 122A.181,
taught at least three school years in an accredited nonpublic school
in Minnesota, and receives a retirement annuity as a result of the person's teaching experience.

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

(i) a professional five-year Tier 3 or Tier 4 teaching license under section 122A.181,
and must again complete continuing education clock hours one school year after receiving
the professional five-year Tier 3 or Tier 4 teaching license; or

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 9.

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


Subd. 7c.

Temporary military license.

The Professional Educator Licensing and
Standards
Board of Teaching shall establish a temporary license in accordance with section
197.4552 for teaching. The fee for a temporary license under this subdivision shall be $87.90
for an online application or $86.40 for a paper application. The board must provide candidates
for a license under this subdivision with information regarding the tiered licensure system
provided in section 122A.181.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 10.

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


Subd. 8.

Background checks.

(a) The Professional Educator Licensing and Standards
Board of Teaching and the commissioner of education the Board of School Administrators
must request a criminal history background check from the superintendent of the Bureau
of Criminal Apprehension on all first-time teaching applicants for licenses under their
jurisdiction. Applicants must include with their licensure applications:

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

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

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

(c) The Professional Educator Licensing and Standards Board of Teaching or the
commissioner of education Board of School Administrators may issue a license pending
completion of a background check under this subdivision, but must notify the individual
that the individual's license may be revoked based on the result of the background check.
The individual must notify the school district or charter school that employs the individual
as a teacher that the individual's license has been revoked.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 11.

[122A.181] TIERED LICENSURE SYSTEM.

Subdivision 1.

Professional Educator Licensing and Standards Board to issue
licenses.

(a) The Professional Educator Licensing and Standards Board must license teachers
as defined in section 122A.15, subdivision 1. The tiered licensure system supersedes the
licensure system implemented under Minnesota Statutes 2016, section 122A.18, and
Minnesota Rules, part 8710.0300.

(b) The Professional Educator Licensing and Standards Board must issue a license to
candidates who meet the qualifications prescribed by this chapter.

Subd. 2.

Licensure tiers.

The Professional Educator Licensing and Standards Board
must issue a license to candidates who meet the qualifications for the appropriate tier
according to the following table:

License Name
Duration
Renewal
Qualifications
Tier 1 license
One year
Unlimited
At least one of the following:
(1) for a license to teach career and technical
education, at least one of the following:
(i) an associate's degree in the content area;
(ii) professional credential; or
(iii) five years of work experience in the content
area; or
(2) for a license to teach in a content area not
included in clause (1), a baccalaureate degree.
A school board must demonstrate to the
Professional Educator Licensing and Standards
Board that it has posted the position for at least
30 days but was unable to hire a teacher with a
Tier 2, 3, or 4 license for the position and that
the candidate has the necessary skills and
knowledge to teach in a specified content area.
A candidate meeting the above qualifications
must be granted a Tier 1 license upon the
request of the employing school board or charter
school board.
Years worked with a Tier 1 license do not count
towards the candidate's continuing contract
under section 122A.40 or 122A.41.
Must participate in a school district's mentorship
and evaluation program that includes an
individual growth and development plan.
Tier 2 license
Two years
Up to two
Meets Tier 1 qualifications and at least one of
the following:
(1) enrolled in and making satisfactory progress
in a Professional Educator Licensing and
Standards Board approved teacher preparation
program;
(2) passing scores on all required skills, content
area, and pedagogy licensure exams; or
(3) master's degree in content area.
A school board must confirm that the candidate
has the necessary skills and knowledge to teach
in a specified content area.
Years worked with a Tier 2 license only count
towards the candidate's continuing contract
under section 122A.40 or 122A.41, if the
candidate subsequently obtains a Tier 3 or Tier
4 license.
Must participate in a school district's mentorship
and evaluation program that includes an
individual growth and development plan.
Tier 3 license
Three years
One
Meets Tier 1 qualifications and at least one of
the following:
(1) successful completion of a Professional
Educator Licensing and Standards Board
approved teacher preparation program;
(2) successful completion of an out-of-state
teacher preparation program that includes
field-specific methods training and field-specific
student teaching;
(3) an out-of-state professional teaching license
in good standing;
(4) passing scores on all required skills, content
area, and pedagogy licensure exams; or
(5) National Board for Professional Teaching
Standards certification.
And meets at least one of the following criteria:
(1) 12 weeks of student teaching experience;
(2) two years of field-specific teaching
experience; or
(3) completion of a comprehensive teacher
mentoring program offered by a Minnesota
school.
Must participate in a school district's evaluation
program that includes an individual growth and
development plan.
Tier 4 license
Five years
Unlimited
Meets Tier 3 qualifications and the following:
(1) at least three years teaching experience in
any state; and
(2) passing scores on all required skills, content
area, and pedagogy licensure exams.
Must participate in a school district's evaluation
program that includes an individual growth and
development plan.

Subd. 3.

Assessment alternatives.

A Tier 3 or Tier 4 teacher licensure candidate that
fails, after two attempts, to obtain a passing score on the board-adopted skills examination
in reading, writing, and mathematics may demonstrate to the board that they have attained
the required skills by either of the following:

(1) completing a portfolio using board-adopted standards; or

(2) teaching for three years in a Minnesota school with at least one summative teacher
evaluation and showing satisfactory evidence of successful teaching according to section
122A.40, subdivision 8, or section 122A.41, subdivision 5.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 12.

[122A.187] EXPIRATION AND RENEWAL.

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. Requirements for renewing a Tier 3 or 4 license must include
showing satisfactory evidence of successful teaching or administrative experience for at
least one school year during the period covered by the license in grades or subjects for which
the license is valid or completing such additional preparation as required under this section,
or as the Professional Educator Licensing and Standards Board prescribes. The Board of
School Administrators shall establish requirements for renewing the licenses of supervisory
personnel except athletic coaches. The Professional Educator Licensing and Standards Board
shall establish requirements for renewing the licenses of athletic coaches.

Subd. 2.

Professional growth.

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

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 13.

[122A.188] LICENSURE DENIAL; APPEAL.

Subdivision 1.

Denial letter.

(a) The Professional Educator Licensing and Standards
Board must inform a candidate within 30 days of receiving a completed application whether
the candidate's application for an initial teaching license or renewal of license has been
approved or denied. When an application is denied, the notification letter must inform the
candidate of the process for seeking review of the denial and of the appeals process provided
in this section, including all deadlines for seeking review of the denial decision and filing
an appeal. The notification letter must identify each licensure requirement the candidate
failed to meet.

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

Subd. 2.

Review of denial.

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

Subd. 3.

Appeal.

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 14.

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


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

Subdivision 1.

Bilingual and English as a second language licenses.

The Professional
Educator Licensing and Standards
Board of Teaching, hereinafter the board, must grant
teaching licenses in bilingual education and English as a second language to persons who
present satisfactory evidence that they:

(a) (1) possess competence and communicative skills in English and in another language;

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

(3) meet all other requirements for a teaching license provided in section 122A.18.

Subd. 2.

Persons holding general teaching licenses.

The board may license a person
who holds a general teaching license in any tier under section 122A.181, and who presents
the board with satisfactory evidence of competence and communicative skills in a language
other than English under this section.

Subd. 4.

Teacher preparation programs.

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

Subd. 5.

Persons eligible for employment.

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

Subd. 6.

Affirmative efforts in hiring.

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 15.

Minnesota Statutes 2016, section 122A.20, subdivision 1, is amended to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

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

(1) immoral character or conduct;

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

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; or

(5) fraud or misrepresentation in obtaining a license.

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

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

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

(d) For purposes of this subdivision, the Professional Educator Licensing and Standards
Board of Teaching is delegated the authority to suspend or revoke coaching licenses.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 16.

Minnesota Statutes 2016, section 122A.20, subdivision 2, is amended to read:


Subd. 2.

Mandatory reporting.

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

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 17.

Minnesota Statutes 2016, section 122A.21, subdivision 2, is amended to read:


Subd. 2.

Licensure via portfolio.

(a) The Professional Educator Licensing and Standards
Board must develop a process for
an eligible candidate may use licensure via portfolio to
obtain a professional five-year teaching any teacher license under section 122A.181, or to
add a licensure field, consistent with applicable Board of Teaching licensure rules via
portfolio
.

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

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

(d) The board of Teaching must notify a candidate who submits a portfolio under
paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not
the portfolio was approved. If the portfolio was not approved, the board must immediately
inform the candidate how to revise the portfolio to successfully demonstrate the requisite
competence. The candidate may resubmit a revised portfolio at any time and the Educator
Licensing Division at the department
board must approve or disapprove the revised portfolio
within 60 calendar days of receiving it.

(e) A candidate must pay to the executive secretary of the board of Teaching a $300 fee
for the first portfolio submitted for review and a $200 fee for any portfolio submitted
subsequently. The revenue generated from the fee must be deposited in an education licensure
portfolio account in the special revenue fund. The fees set by the board of Teaching are
nonrefundable for applicants not qualifying for a license. The board of Teaching may waive
or reduce fees for candidates based on financial need.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 18.

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


Subd. 3.

Teacher licensure agreements with adjoining states.

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

(b) The Professional Educator Licensing and Standards Board of Teaching must work
with designated authorities in adjoining states to establish interstate teacher licensure
agreements under this section.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 19.

[122A.2451] ALTERNATIVE TEACHER PREPARATION PROVIDERS
AND PROGRAMS.

Subdivision 1.

Definitions.

(a) "Provider" or "unit" means an eligible entity that seeks
or has obtained approval for an alternative teacher preparation program consistent with this
section.

(b) "Program" means content provided by a provider that leads toward licensure in a
specific content area.

Subd. 2.

Purpose.

To provide alternative pathways towards Minnesota teacher licensure
outside of the traditional means, improve ethnic and cultural diversity in the classroom, and
to close the achievement gap, the Professional Educator Licensing and Standards Board
must approve qualified teacher preparation providers and programs under this section that
are a means to acquire a Tier 2 license under section 122A.181 and prepare for acquiring a
Tier 3 license under section 122A.181.

Subd. 3.

Eligibility.

A school district, charter school, or nonprofit corporation organized
under chapter 317A for an education-related purpose is eligible to participate under this
section. An eligible entity may apply for provider and program approval simultaneously.

Subd. 4.

Provider approval.

An eligible entity must be approved as a provider before
being approved to provide programs towards licensure. The Professional Educator Licensing
and Standards Board must approve eligible entities under subdivision 3 that meet the
following requirements:

(1) has evidence and history of fiscal solvency, capacity, and operation;

(2) has evidence of necessary infrastructure to provide accurate, timely, and secure data
for the purposes of admission, candidate monitoring, testing, background checks, and license
recommendations;

(3) has policies and procedures in place ensuring the security of candidate records under
the federal Family Educational Rights and Privacy Act;

(4) has the instructional capacity or ability to obtain the instructional capacity to provide
an adequate instructional phase under subdivision 5; and

(5) meets all other board-adopted rules for teacher preparation providers.

Subd. 5.

Program approval.

The board must approve programs offered by approved
providers based on nontraditional criteria. An approved program must have the following
characteristics:

(1) an instructional phase that provides intensive preparation and observed classroom
experience that is commensurate with the scope of licensure standards defined under rule,
before the teacher candidate assumes classroom responsibilities;

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

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

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

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

(6) a process to review a candidate's final proficiency of required licensure content
standards that leads to potential candidate recommendation by the provider to the board for
a Tier 3 teaching license under subdivision 8.

Subd. 6.

Nontraditional means; program instructors.

(a) The board must permit
alternative teacher preparation providers and teacher candidates to demonstrate pedagogy
and content standard proficiency in school-based programs and through other nontraditional
means. Nontraditional means may include previous work experiences, teaching experiences,
educator evaluations, industry-recognized certifications, and other essentially equivalent
demonstrations.

(b) The board must use nontraditional criteria to determine qualifications of program
instructors, including permitting instructors to hold a baccalaureate degree only.

Subd. 7.

Program disapproval, suspension.

If the board determines that a teacher
preparation provider or licensure program fails to meet or is deficient in any of the
requirements of subdivision 5, it may suspend or revoke the approval of the provider or
program after it notifies the provider of the deficiencies and gives the provider an opportunity
to remedy the deficiencies.

Subd. 8.

Candidate program completion; teacher licensure.

(a) A candidate that
completes an approved program must apply for a license under the tiered licensure system
according to section 122A.181.

(b) A person who successfully completes another state's alternative teacher preparation
licensure program may apply to the Professional Educator Licensing and Standards Board
for a Tier 3 license.

Subd. 9.

Reports.

(a) An approved alternative teacher preparation provider must report
to the Professional Educator Licensing and Standards Board on items that are defined in
statute regarding program candidates, completion, and effectiveness or other items that are
required under section 122A.09.

(b) The Professional Educator Licensing and Standards Board must submit a biennial
report on the alternative teacher preparation program and providers to legislative committees
having jurisdiction over kindergarten through grade 12 education policy and finance by
January 15 of each odd-numbered year.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 20.

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


Subd. 2.

Exceptions.

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 21.

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


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

Subdivision 1.

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

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

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

Subd. 2.

Licensure for teaching oral/aural deaf education programs.

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

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

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

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

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 22.

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


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

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 23.

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


122A.30 EXEMPTION FOR CAREER AND TECHNICAL EDUCATION
INSTRUCTORS.

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

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 24.

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


Subd. 11.

Teachers.

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 25.

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


Subd. 12.

Compliance with rules.

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 26.

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


Subdivision 1.

American Indian language and culture education licenses.

The
Professional Educator Licensing and Standards Board of Teaching, in consultation with the
Tribal Nations Education Committee, must grant initial and continuing teaching licenses
in American Indian language and culture education that bear the same duration as other
initial and continuing licenses. The board must grant licenses to persons who present
satisfactory evidence that they:

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

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

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 27.

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


Subd. 6.

Persons eligible for employment; exemptions.

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

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 28.

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


Subd. 2.

Teacher standards.

A teacher or administrator at the academies is subject to
the licensure standards of the Professional Educator Licensure and Standards Board of
Teaching or the commissioner of education
. An administrator at the academies is subject
to the licensure standards of the Board of School Administrators.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 29.

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


Subdivision 1.

Definitions.

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

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

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

(d) "Teacher" means an individual holding a teaching license issued by the licensing
division in the Department of Education on behalf of the
Board of Teaching Professional
Educator Licensure and Standards Board
who is employed by a school district to provide
classroom instruction in a teacher shortage area.

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

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

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 30. TEACHER OF SPECIAL EDUCATION LICENSE REVIEW.

The Professional Educator Licensing and Standards Board must conduct a review of all
the available teacher of special education licenses and determine the options for
cross-categorical licenses for teachers of special education. The board must report its findings
and draft legislation, if needed, to the legislative committees having jurisdiction over
kindergarten through grade 12 education by December 14, 2018.

Sec. 31. LICENSES UNDER JURISDICTION OF THE BOARD OF TEACHING.

Subdivision 1.

One-year license.

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

Subd. 2.

Two-year license.

A two-year license issued by the commissioner of education
before the effective date of this section must be treated as a Tier 2 license established under
Minnesota Statutes, sections 122A.18 and 122A.181.

Subd. 3.

Three-year license.

A three-year license issued by the commissioner of
education before the effective date of this section must be treated as a Tier 3 license
established under Minnesota Statutes, sections 122A.18 and 122A.181.

Subd. 4.

Five-year license.

A five-year license issued by the commissioner of education
before the effective date of this section must be treated as a Tier 4 license established under
Minnesota Statutes, sections 122A.18 and 122A.181.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 32. RULE CHANGE; ACADEMIC AND BEHAVIORAL STRATEGIST
LICENSURE.

No later than September 1, 2017, the Board of Teaching must amend Minnesota Rules,
part 8710.5050, subpart 4, so that academic and behavioral strategist continuing licenses
under that part may be issued and renewed according to rules of the Board of Teaching
governing continuing licenses and without requiring the candidate to hold or be recommended
for licensure in any other licensure field. The board shall use the good cause exemption
under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under
this section, and Minnesota Statutes, section 14.386, does not apply except as provided in
Minnesota Statutes, section 14.388.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 33. REPEALER.

Minnesota Statutes 2016, sections 122A.162; 122A.163; 122A.18, subdivisions 4, 4a,
and 7; 122A.23, subdivisions 1 and 2; 122A.245; and 122A.25,
are repealed.

ARTICLE 3

NONTEACHER CREDENTIALING

Section 1.

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


Subdivision 1.

Rulemaking.

The Professional Educator Licensing and Standards Board
of Teaching must adopt rules to implement a statewide credential for education
paraprofessionals who assist a licensed teacher in providing student instruction. Any
paraprofessional holding this credential or working in a local school district after meeting
a state-approved local assessment is considered to be highly qualified under federal law.
Under this subdivision, the Professional Educator Licensing and Standards Board of
Teaching
, in consultation with the commissioner, must adopt qualitative criteria for approving
local assessments that include an evaluation of a paraprofessional's knowledge of reading,
writing, and math and the paraprofessional's ability to assist in the instruction of reading,
writing, and math. The commissioner must approve or disapprove local assessments using
these criteria. The commissioner must make the criteria available to the public.

EFFECTIVE DATE.

This section is effective July 1, 2018.

APPENDIX

Repealed Minnesota Statutes: UEH0140-1

122A.162 LICENSURE RULES.

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

122A.163 TEACHER RULE VARIANCES; COMMISSIONER.

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

122A.18 BOARD TO ISSUE LICENSES.

Subd. 4.

Expiration and renewal.

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

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

(1) support for student learning;

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

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

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

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

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

Subd. 4a.

Limited provisional licenses.

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

Subd. 7.

Limited provisional licenses.

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

122A.23 APPLICANTS TRAINED IN OTHER STATES.

Subdivision 1.

Preparation equivalency.

When a license to teach is authorized to be issued to any holder of a diploma or a degree of a Minnesota state university, or of the University of Minnesota, or of a liberal arts university, or a technical training institution, such license may also, in the discretion of the Board of Teaching, be issued to any holder of a diploma or a degree of a teacher training institution of equivalent rank and standing of any other state. The diploma or degree must be granted by virtue of completing coursework in teacher preparation as preliminary to the granting of a diploma or a degree of the same rank and class. For purposes of granting a Minnesota teaching license to a person who receives a diploma or degree from a state-accredited, out-of-state teacher training program leading to licensure, the Board of Teaching must establish criteria and streamlined policies and procedures by January 1, 2016, to recognize the experience and professional credentials of the person holding the out-of-state diploma or degree and allow that person to demonstrate to the board the person's qualifications for receiving a Minnesota teaching license based on performance measures the board adopts by January 1, 2016, under this section.

Subd. 2.

Applicants licensed in other states.

(a) Subject to the requirements of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a professional five-year teaching license or an initial professional one-year teaching license under paragraphs (c) to (f) to an applicant who holds at least a baccalaureate degree from a regionally accredited college or university and holds or held an out-of-state teaching license that requires the applicant to successfully complete a teacher preparation program approved by the issuing state, which includes either (1) field-specific teaching methods, student teaching, or equivalent experience, or (2) at least two years of teaching experience as the teacher of record in a similar licensure area.

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

(c) The Board of Teaching must issue a professional five-year teaching license to an applicant who:

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach a similar content field and grade levels if the scope of the out-of-state license is no more than two grade levels less than a similar Minnesota license, and either (i) has completed field-specific teaching methods, student teaching, or equivalent experience, or (ii) has at least two years of teaching experience as the teacher of record in a similar licensure area.

(d) The Board of Teaching, consistent with board rules and paragraph (i), must issue up to four initial professional one-year teaching licenses to an applicant who holds or held an out-of-state teaching license to teach a similar licensure area and grade levels, where the scope of the out-of-state license is no more than two grade levels less than a similar Minnesota license, but has not successfully completed all exams and human relations preparation components required by the Board of Teaching. The board must issue a professional five-year teaching license to an applicant who successfully completes the requirements under this paragraph.

(e) The Board of Teaching, consistent with board rules, must issue up to four initial professional one-year teaching licenses to an applicant who:

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach a similar licensure area and grade levels, where the scope of the out-of-state license is no more than two grade levels less than a similar Minnesota license, but has not completed field-specific teaching methods or student teaching or equivalent experience.

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

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

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

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

(i) The Board of Teaching must require an applicant for a professional five-year teaching license or an initial professional one-year teaching license under this subdivision to pass a board-adopted skills examination in reading, writing, and mathematics before the board issues the license unless, notwithstanding other provisions of this subdivision, an applicable board-approved National Association of State Directors of Teacher Education and Certification interstate agreement exists to allow fully certified teachers from other states to transfer their certification to Minnesota.

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

Subdivision 1.

Requirements.

(a) To improve academic excellence, improve ethnic and cultural diversity in the classroom, and close the academic achievement gap, the Board of Teaching must approve qualified teacher preparation programs under this section that are a means to acquire a two-year preliminary teacher license, which the board may renew one time for an additional one-year term, and to prepare for acquiring a professional five-year license. The following entities are eligible to participate under this section:

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

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

(b) Before becoming a teacher of record, a candidate must:

(1) have a bachelor's degree with a 3.0 or higher grade point average unless the board waives the grade point average requirement based on board-adopted criteria adopted by January 1, 2016;

(2) demonstrate a passing score on a board-adopted reading, writing, and mathematics skills examination under section 122A.09, subdivision 4, paragraph (b); and

(3) obtain qualifying scores on applicable board-approved rigorous content area and pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).

(c) The Board of Teaching must issue a two-year preliminary teacher license to a person who enrolls in an alternative teacher preparation program.

Subd. 2.

Characteristics.

An alternative teacher preparation program under this section must include:

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

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

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

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

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

(6) a requirement that teacher candidates demonstrate to the local site team under subdivision 5 satisfactory progress toward acquiring professional five-year teaching licenses from the Board of Teaching.

Subd. 3.

Program approval; disapproval.

(a) The Board of Teaching must approve alternative teacher preparation programs under this section based on board-adopted criteria that reflect best practices for alternative teacher preparation programs, consistent with this section.

(b) The board must permit teacher candidates to demonstrate mastery of pedagogy and content standards in school-based settings and through other nontraditional means. "Nontraditional means" must include a portfolio of previous experiences, teaching experience, educator evaluations, certifications marking the completion of education training programs, and essentially equivalent demonstrations.

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

(d) The board may permit instructors to hold a baccalaureate degree only.

(e) If the Board of Teaching determines that a teacher preparation program under this section does not meet the requirements of this section, it may revoke its approval of the program after it notifies the program provider of any deficiencies and gives the program provider an opportunity to remedy the deficiencies.

Subd. 4.

Employment conditions.

Where applicable, teacher candidates with a preliminary teacher license under this section are members of the local employee organization representing teachers and subject to the terms of the local collective bargaining agreement between the exclusive representative of the teachers and the school board. A collective bargaining agreement between a school board and the exclusive representative of the teachers must not prevent or restrict or otherwise interfere with a school district's ability to employ a teacher prepared under this section.

Subd. 5.

Approval for professional five-year license.

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

Subd. 6.

Applicants trained in other states.

A person who successfully completes another state's alternative teacher preparation program, consistent with section 122A.23, may apply to the Board of Teaching for an initial professional one-year teaching license or a professional five-year teaching license.

Subd. 7.

Professional five-year license.

The Board of Teaching must issue a professional five-year teaching license to an otherwise qualified teacher candidate under this section who successfully performs throughout a program under this section, obtains qualifying scores on applicable board-adopted rigorous skills, pedagogy, and content area examinations under section 122A.09, subdivision 4, paragraphs (a) and (e), and is recommended for licensure under subdivision 5 or successfully demonstrates to the board qualifications for licensure under subdivision 6.

Subd. 8.

Qualified teacher.

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

Subd. 9.

Exchange of best practices.

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

Subd. 10.

Reports.

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

122A.25 NONLICENSED COMMUNITY EXPERTS; VARIANCE.

Subdivision 1.

Authorization.

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

Subd. 2.

Applications; criteria.

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

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

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

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

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

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

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

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

Subd. 3.

Approval of plan.

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

Subd. 4.

Background check.

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

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700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569