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HF 1415

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/13/2019 12:24pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2019
1st Engrossment Posted on 03/07/2019

Current Version - 1st Engrossment

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A bill for an act
relating to education; modifying teacher licensure requirements; modifying
Professional Educator Licensing and Standards Board composition; modifying
background check requirements; authorizing rulemaking; making technical changes;
amending Minnesota Statutes 2018, sections 122A.06, subdivisions 2, 5, 7, 8;
122A.07, subdivisions 1, 2, 2a, 4a, by adding a subdivision; 122A.09, subdivision
9; 122A.091, subdivision 1; 122A.092, subdivisions 5, 6; 122A.17; 122A.175,
subdivision 2; 122A.18, subdivisions 7c, 8, 10; 122A.182, subdivision 1; 122A.185,
subdivision 1; 122A.187, subdivision 3, by adding a subdivision; 122A.19,
subdivision 4; 122A.21; proposing coding for new law in Minnesota Statutes,
chapter 245C; repealing Laws 2017, First Special Session chapter 5, article 11,
section 6.

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

Section 1.

Minnesota Statutes 2018, 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 new text begin or permission new text end from the Professional Educator Licensing
and Standards Board.

Sec. 2.

Minnesota Statutes 2018, section 122A.06, subdivision 5, is amended to read:


Subd. 5.

Field.

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

Sec. 3.

Minnesota Statutes 2018, section 122A.06, subdivision 7, is amended to read:


Subd. 7.

Teacher preparation program.

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

Sec. 4.

Minnesota Statutes 2018, section 122A.06, subdivision 8, is amended to read:


Subd. 8.

Teacher preparation program provider.

"Teacher preparation program
provider" or "unit" means an entity that has primary responsibility for overseeing and
delivering a teacher preparation program.new text begin Teacher preparation program providers include
postsecondary institutions and alternative teacher preparation providers aligned to section
122A.2451.
new text end

Sec. 5.

Minnesota Statutes 2018, section 122A.07, subdivision 1, is amended to read:


Subdivision 1.

Appointment of members.

The Professional Educator Licensing and
Standards Board consists of deleted text begin 11deleted text end new text begin 14new text end 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.

Sec. 6.

Minnesota Statutes 2018, section 122A.07, subdivision 2, is amended to read:


Subd. 2.

Eligibility; board composition.

Each nominee, other than a public nominee,
must be selected on the basis of professional experience and knowledge of teacher education,
accreditation, and licensure. The board must be composed of:

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

(i) one teacher in a charter school;

(ii) one teacher from the seven-county metropolitan area, as defined in section 473.121,
subdivision 2;

(iii) one teacher from outside the seven-county metropolitan area;

(iv) one teacher from a related service category licensed by the board;

(v) one special education teacher; and

new text begin (vi) three teachers that represent current or emerging trends in education;
new text end

deleted text begin (vi)deleted text end new text begin (2)new text end one teacher deleted text begin fromdeleted text end new text begin educator currently teaching in new text end a new text begin Minnesota-approved new text end teacher
preparation programdeleted text begin ;deleted text end new text begin who has previously taught for at least five years in a birth through
grade 12 setting;
new text end

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

deleted text begin (3)deleted text end new text begin (4)new text end one school district human resources director;

deleted text begin (4)deleted text end new text begin (5)new text end one administrator of a cooperative unit under section 123A.24, subdivision 2,
who oversees a special education programnew text begin and who has previously taught for at least five
years in a birth through grade 12 setting
new text end ;

deleted text begin (5)deleted text end new text begin (6)new text end one principal that alternates each term between an elementary and a secondary
school principal; and

deleted text begin (6)deleted text end new text begin (7)new text end one member of the public that may be a current or former school board member.

Sec. 7.

Minnesota Statutes 2018, section 122A.07, subdivision 2a, is amended to read:


Subd. 2a.

First appointments.

deleted text begin (a)deleted text end The governor shall nominate all members to the
Professional Educator Licensing and Standards Board. The terms of the initial board members
must be as follows:

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

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

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

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

deleted text begin (b) Members of the Board of Teaching as of January 1, 2017, are ineligible for first
appointments to the Professional Educator Licensing and Standards Board for four years
from September 1, 2017, except that two members of the Board of Teaching as of January
1, 2017, are eligible for appointment under paragraph (a), clause (1).
deleted text end

Sec. 8.

Minnesota Statutes 2018, section 122A.07, subdivision 4a, is amended to read:


Subd. 4a.

Administration.

(a) The executive director of the board shall be the chief
administrative officer for the board but shall not be a member of the board. The executive
director shall maintain the records of the board, account for all fees received by the board,
supervise and direct employees servicing the board, and perform other services as directed
by the board.

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

deleted text begin (c) The Department of Education must provide suitable offices and other space to the
board at reasonable cost until January 1, 2020. Thereafter, the board may contract with
either the Department of Education or the Department of Administration for the provision
of suitable offices and other space, joint conference and hearing facilities, and examination
rooms.
deleted text end

Sec. 9.

Minnesota Statutes 2018, section 122A.07, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Public employer compensation reduction prohibited. new text end

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

Sec. 10.

Minnesota Statutes 2018, section 122A.09, subdivision 9, is amended to read:


Subd. 9.

Professional Educator Licensing and Standards Board must adopt rules.

(a)
The Professional Educator Licensing and Standards Board must adopt rules subject to the
provisions of chapter 14 to implement sections 120B.363, 122A.05 to 122A.09, 122A.092,
122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185,
122A.187, 122A.188, 122A.20, 122A.21, 122A.23,new text begin 122A.2451,new text end 122A.26, 122A.28, and
122A.29.

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

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

(d) 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.

(e) 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.

(f) The board must adopt rules only under the specific statutory authority.

Sec. 11.

Minnesota Statutes 2018, section 122A.091, subdivision 1, is amended to read:


Subdivision 1.

Teacher and administrator preparation and performance data;
report.

(a) The Professional Educator Licensing and Standards Board and the Board of
School Administrators, in cooperation with 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 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 website hosted
jointly by the boards.

(b) Publicly reported summary data on teacher preparation programs must include:

(1) student entrance requirements for each Professional Educator Licensing and Standards
Board-approved program, including grade point average for enrolling students in the
preceding year;

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

(3) 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;

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

(5) the current number and percentage 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;

(6) the number of content area credits and other credits by undergraduate program that
students in the preceding school year needed to complete to graduate;

(7) students' pass rates on skills and subject matter exams required for graduation in
each program and licensure area in the preceding school year;

(8) survey results measuring student and deleted text begin graduatedeleted text end new text begin program completer new text end 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;

(9) a standard measure of the satisfaction of school principals or supervising teachers
with the deleted text begin student teachersdeleted text end new text begin program completer new text end assigned to a school or supervising teacher;
and

(10) information under subdivision 3, paragraphs (a) and (b).

Program reporting must be consistent with subdivision 2.

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

(1) summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and the years of experience either as kindergarten
through grade 12 classroom teachers or school administrators;

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

(3) the current number and percentage of students who graduated, received a standard
Minnesota administrator license, and were employed as an administrator in a Minnesota
school district or school in the preceding year disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual;

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

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

(6) information under subdivision 3, paragraphs (c) and (d).

Program reporting must be consistent with section 122A.14, subdivision 10.

Sec. 12.

Minnesota Statutes 2018, section 122A.092, subdivision 5, is amended to read:


Subd. 5.

Reading strategies.

(a) All deleted text begin colleges and universitiesdeleted text end new text begin preparation providers
new text end approved by the Professional Educator Licensing and Standards Board to prepare persons
for classroom teacher licensure must include in their teacher preparation programs
research-based best practices in reading, consistent with section 122A.06, subdivision 4,
that enables the licensure candidate to teach reading in the candidate's content areas. Teacher
candidates must be instructed in using students' native languages as a resource in creating
effective differentiated instructional strategies for English learners developing literacy skills.
These colleges and universities also must prepare early childhood and elementary teacher
candidates for Tier 3 and Tier 4 teaching licenses under sections 122A.183 and 122A.184,
respectively, for the portion of the examination under section 122A.185, subdivision 1,
paragraph (c), covering assessment of reading instruction.

(b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in applying comprehensive, scientifically based, and balanced
reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students achieve continuous
progress in reading; and

(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.

(c) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.

Sec. 13.

Minnesota Statutes 2018, section 122A.092, subdivision 6, is amended to read:


Subd. 6.

Technology strategies.

All deleted text begin colleges and universitiesdeleted text end new text begin preparation providers
new text end approved by the Professional Educator Licensing and Standards Board to prepare persons
for classroom teacher licensure must include in their teacher preparation programs the
knowledge and skills teacher candidates need to engage students with technology and deliver
digital and blended learning and curriculum.

Sec. 14.

Minnesota Statutes 2018, section 122A.17, is amended to read:


122A.17 VALIDITY OF CERTIFICATES OR LICENSES.

deleted text begin (a)deleted text end 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.

deleted text begin (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.
deleted text end

Sec. 15.

Minnesota Statutes 2018, section 122A.175, subdivision 2, is amended to read:


Subd. 2.

Background check account.

An educator licensure background check account
is created in the special revenue fund. The deleted text begin Department of Education, thedeleted text end Professional
Educator Licensing and Standards Boarddeleted text begin ,deleted text end and the Board of School Administrators must
deposit all payments submitted by license applicants for criminal background checks
deleted text begin conducted by the Bureau of Criminal Apprehensiondeleted text end in the educator licensure background
check account. Amounts in the account are annually appropriated to the deleted text begin commissioner of
education for payment to the superintendent of the Bureau of Criminal Apprehension
deleted text end new text begin
Professional Educator Licensing and Standards Board
new text end for the costs of background checks
on applicants for licensure.

Sec. 16.

Minnesota Statutes 2018, section 122A.18, subdivision 7c, is amended to read:


Subd. 7c.

Temporary military license.

The Professional Educator Licensing and
Standards Board shall establish a temporary license in accordance with section 197.4552
for teaching. The fee for a temporary license under this subdivision shall be deleted text begin $87.90 for an
online application or $86.40 for a paper application
deleted text end new text begin $57new text end . The board must provide candidates
for a license under this subdivision with information regarding the tiered licensure system
provided in sections 122A.18 to 122A.184.

Sec. 17.

Minnesota Statutes 2018, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background checks.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must deleted text begin requestdeleted text end new text begin obtainnew text end a criminal history
background check deleted text begin from the superintendent of the Bureau of Criminal Apprehensiondeleted text end 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) deleted text begin a money order or cashier's check payable to the Bureau of Criminal Apprehension
deleted text end deleted text begin for the fee for conducting the criminal historydeleted text end new text begin payment to conduct thenew text end background check.

(b) The deleted text begin superintendent ofdeleted text end new text begin background check for all first-time teaching applicants for
licenses must include a review of information from
new text end the Bureau of Criminal Apprehension
deleted text begin shall perform the background check required under paragraph (a) by retrievingdeleted text end new text begin , includingnew text end
criminal history data as defined in section 13.87 and deleted text begin shalldeleted text end new text begin mustnew text end also deleted text begin conduct a searchdeleted text end new text begin include
a review
new text end of the national criminal records repository. The superintendent new text begin of the Bureau of
Criminal Apprehension
new text end 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 or the Board of School
Administrators may issue a license pending completion of a background check under this
subdivision, but must notify the individual and the school district or charter school employing
the individual that the individual's license may be revoked based on the result of the
background check.

new text begin (d) The Professional Educator Licensing and Standards Board may contract with the
commissioner of human services to conduct background checks and obtain background
check data required under this chapter.
new text end

Sec. 18.

Minnesota Statutes 2018, section 122A.18, subdivision 10, is amended to read:


Subd. 10.

Licensure via portfolio.

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

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

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

(d) The board must notify 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 is
approved. If the portfolio is 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 board must approve or
disapprove the revised portfolio within 60 calendar days of receiving it.

(e) A candidate must pay deleted text begin to the board 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 are nonrefundable for applicants not qualifying for a license. The
board may waive or reduce fees for candidates based on financial need.
deleted text end new text begin a fee for a portfolio
in accordance with section 122A.21, subdivision 4.
new text end

Sec. 19.

Minnesota Statutes 2018, section 122A.182, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must approve a request from a district or charter school to issue a Tier 2 license in a
specified content area to a candidate if:

(1) the candidate meets the educational or professional requirements in paragraph (b)
or (c);

(2) the candidate:

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

(ii) is enrolled in a Minnesota-approved teacher preparation programnew text begin or a state-approved
teacher preparation program if no licensure program exists in Minnesota
new text end ; or

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

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

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

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

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 20.

Minnesota Statutes 2018, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

(a) The Professional Educator Licensing and Standards Board
must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
examination of skills in reading, writing, and mathematics before being granted a Tier 4
teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier
3 license to provide direct instruction to pupils in elementary, secondary, or special education
programs if candidates meet the other requirements in section 122A.181, 122A.182, or
122A.183, respectively.

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

(c) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must
pass test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, knowledge
and understanding of the foundations of reading development, development of reading
comprehension and reading assessment and instruction, and the ability to integrate that
knowledge and understanding into instruction strategies under section 122A.06, subdivision
4.

(d) The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1.

Sec. 21.

Minnesota Statutes 2018, section 122A.187, subdivision 3, is amended to read:


Subd. 3.

Professional growth.

(a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the 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 practicesdeleted text begin , including among other things, cultural competence in accordance
with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied
needs of English learners, from young children to adults under section 124D.59, subdivisions
2 and 2a
deleted text end . A teacher may satisfy the requirements of this paragraph by submitting the teacher's
most recent summative evaluation or improvement plan under section 122A.40, subdivision
8, or 122A.41, subdivision 5.

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

Sec. 22.

Minnesota Statutes 2018, section 122A.187, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Cultural competency training. new text end

new text begin The Professional Educator Licensing and
Standards Board must adopt rules that require all licensed teachers who are renewing a Tier
3 or Tier 4 teaching license under sections 122A.183 and 122A.184, respectively, to include
in the renewal requirements cultural competency training and meeting the varied needs of
English learners from young children to adults under section 124D.59, subdivisions 2 and
2a.
new text end

Sec. 23.

Minnesota Statutes 2018, section 122A.19, subdivision 4, is amended to read:


Subd. 4.

Teacher preparation programs.

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

(b) Programs that prepare English as a second language teachers must provide instruction
in implementing research-based practices designed specifically for English learners. The
programs must focus on developing English learners' academic language proficiency in
English, including oral academic language, giving English learners meaningful access to
the full school curriculum, developing culturally relevant teaching practices appropriate for
immigrant students, and providing more intensive instruction and resources to English
learners with lower levels of academic English proficiency and varied needs, consistent
with section 124D.59, subdivisions 2 and 2a.

Sec. 24.

Minnesota Statutes 2018, section 122A.21, is amended to read:


122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.

Subdivision 1.

Licensure applications.

Each applicant submitting an application to the
Professional Educator Licensing and Standards Board to issue, renew, or extend a teaching
license, including applications for licensure via portfolio under subdivision deleted text begin 2deleted text end new text begin 4new text end , must include
a processing fee of $57. The processing fee for a teacher's license and for the licenses of
supervisory personnel must be paid to the executive secretary of the appropriate board and
deposited in the educator licensure account in the special revenue fund. The fees as set by
the board are nonrefundable for applicants not qualifying for a license. However, the
commissioner of management and budget must refund a fee in any case in which the applicant
already holds a valid unexpired license. The board may waive or reduce fees for applicants
who apply at the same time for more than one license.

Subd. 3.

Annual appropriations.

(a) The amounts collected under subdivision deleted text begin 2deleted text end new text begin 4new text end and
deposited in the educator licensure account in the special revenue fund are annually
appropriated to the Professional Educator Licensing and Standards Board.

(b) The appropriations in paragraph (a) must be reduced by the amount of any money
specifically appropriated for the same purposes in any year from any state fund.

new text begin Subd. 4. new text end

new text begin Licensure via portfolio. new text end

new text begin A candidate must pay to the Professional Educator
Licensing and Standards Board a $300 fee for the first portfolio submitted for review and
a $200 fee for any portfolio submitted thereafter. The Professional Educator Licensing and
Standards Board executive secretary must deposit the fee in the educator licensure account
in the special revenue fund. The fees are nonrefundable for applicants who do not qualify
for a license. The Professional Educator Licensing and Standards Board may waive or
reduce fees for candidates based on financial need.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

new text begin [245C.125] BACKGROUND STUDY; PROFESSIONAL EDUCATOR
LICENSING AND STANDARDS BOARD.
new text end

new text begin The commissioner may contract with the Professional Educator Licensing and Standards
Board to conduct background studies and obtain background study data as required under
this chapter and chapter 122A. When required in chapter 122A, the commissioner must
conduct a national criminal history record check.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Laws 2017, First Special Session chapter 5, article 11, section 6, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Session Laws: H1415-1

Laws 2017, First Special Session chapter 5, article 11, section 6

Sec. 6.

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


Subd. 2.

Licensure via portfolio.

(a) An eligible candidate may use licensure via portfolio to obtain a professional five-year teaching license or to add a licensure field, consistent with applicable Board of Teaching licensure rules.

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

(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 must approve or disapprove the 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 deleted text begin revenue generated fromdeleted text end new text begin Board of Teaching executive secretary must depositnew text end the fee deleted text begin must be depositeddeleted text end in deleted text begin an educationdeleted text end new text begin the educatornew text end licensure deleted text begin portfoliodeleted text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019. new text end