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HF 3132

as introduced - 89th Legislature (2015 - 2016) Posted on 04/20/2016 12:38pm

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

Current Version - as introduced

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A bill for an act
relating to education; creating the Teacher Shortage Act; appropriating money;
amending Minnesota Statutes 2015 Supplement, sections 122A.413, subdivision
1; 122A.415; Laws 2015, chapter 69, article 1, section 3, subdivision 28; Laws
2015, First Special Session chapter 3, article 2, section 70, subdivisions 2, 12;
proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Section 1. new text beginCITATION.
new text end

new text begin Sections 1 to 13 may be cited as the "Teacher Shortage Act."
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 122A.413, subdivision 1, is
amended to read:


Subdivision 1.

Qualifying plan.

A district, intermediate school district, or a
cooperative unit, as defined in section 123A.24, subdivision 2, may develop an educational
improvement plannew text begin. The plan may be developednew text end for the purpose of qualifying fornew text begin:
new text end

new text begin (1)new text end the alternative teacher professional pay system under section 122A.414new text begin; and
new text end

new text begin (2) teacher development and evaluation aid under section 122A.415new text end.

The plan must include measures for improving school district, intermediate school
district, cooperative, school site, teacher, new text beginprincipal, new text endand individual student performance.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 122A.415, is amended to read:


122A.415 new text beginTEACHER DEVELOPMENT AND EVALUATION AID;
new text endALTERNATIVE COMPENSATION REVENUE.

Subdivision 1.

new text beginAlternative teacher compensation new text endrevenue amount.

(a) A school
district, intermediate school district, cooperative unit as defined in section 123A.24,
subdivision 2
, school site, or charter school that meets the conditions of section 122A.414
and submits an application approved by the commissioner is eligible for alternative
teacher compensation revenue.

(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:

(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and

(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.

Alternative teacher compensation revenue for a qualifying school district or site in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district or at the site on the alternative teacher professional pay system
equals deleted text begin$260deleted text endnew text begin $91new text end times the number of pupils enrolled at the district or site on October 1 of
the previous fiscal year. Alternative teacher compensation deleted text beginrevenuedeleted text endnew text begin aid new text endfor a qualifying
intermediate school district or cooperative must be calculated under subdivision deleted text begin4,
paragraph (b)
deleted text endnew text begin 4anew text end.

(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue computed
for a site using prior year data to reflect changes attributable to school closings, school
openings, or grade level reconfigurations between the prior year and the current year.

(d) The revenuenew text begin under this subdivisionnew text end is available only to school districts,
intermediate school districts, cooperatives, school sites, and charter schools that fully
implement an alternative teacher professional pay system by October 1 of the current
school year.

new text begin Subd. 1a. new text end

new text begin Teacher development and evaluation aid. new text end

new text begin (a) A school district, charter
school, or other school site is eligible for teacher development and evaluation aid equal to
the teacher development and evaluation allowance times the number of pupils enrolled at
the district or site on October 1 of the previous fiscal year, or for a school in its first year of
operation, October 1 of the current fiscal year.
new text end

new text begin (b) The teacher development and evaluation allowance for a school district, charter
school, or other school site equals $169.
new text end

new text begin (c) Teacher development and evaluation aid for an intermediate school district or
other cooperative unit as defined in section 123A.24, subdivision 2, must be calculated
under subdivision 4a.
new text end

new text begin (d) To qualify for aid under this subdivision, a school district, charter school,
intermediate school district or other cooperative unit, or other school site must either
develop an educational improvement plan under section 122A.413, implement an
alternative teacher professional pay system under section 122A.414, or demonstrate to the
commissioner's satisfaction that the aid received under this section is used for the activities
prescribed under section 122A.40, subdivision 8, or 122A.41, subdivision 5.
new text end

Subd. 3.

Revenue timingnew text begin; applications; implementationnew text end.

(a) Districts,
intermediate school districts, cooperatives, school sites, or charter schools with approved
applications must receive alternative compensation revenue for each school year that
the district, intermediate school district, cooperative, school site, or charter school
implements an alternative teacher professional pay system under this subdivision and
section 122A.414. deleted text beginA qualifying district, intermediate school district, cooperative, school
site, or charter school that received alternative teacher compensation aid for the previous
fiscal year must receive at least an amount of alternative teacher compensation revenue
equal to the lesser of the amount it received for the previous fiscal year or the amount it
qualifies for under subdivision 1 for the current fiscal year if the district, intermediate
school district, cooperative, school site, or charter school submits a timely application and
the commissioner determines that the district, intermediate school district, cooperative,
school site, or charter school continues to implement an alternative teacher professional
pay system, consistent with its application under this section.
deleted text end

(b) The commissioner shall approve applications that comply with subdivision 1,
and section 122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter
school or cooperative, in the order in which they are received, select applicants that
qualify for this program, notify school districts, intermediate school districts, cooperatives,
school sites, and charter schools about the program, develop and disseminate application
materials, and carry out other activities needed to implement this section.

Subd. 4.

deleted text beginBasicdeleted text end new text beginCharter school new text endalternative teacher compensation aid.

deleted text begin(a)deleted text end The
deleted text beginbasicdeleted text end alternative teacher compensation aid deleted text beginfor a school with a plan approved under section
122A.414, subdivision 2b, equals 65 percent of the alternative teacher compensation
revenue under subdivision 1. The basic alternative teacher compensation aid
deleted text end for a charter
school with a plan approved under section 122A.414, subdivisions 2a and 2b, equals deleted text begin$260
deleted text endnew text begin$91new text end times the number of pupils enrolled in the school on October 1 of the previous year, or
on October 1 of the current year for a charter school in the first year of operationdeleted text begin, times
the ratio of the sum of the alternative teacher compensation aid and alternative teacher
compensation levy for all participating school districts to the maximum alternative teacher
compensation revenue for those districts under subdivision 1
deleted text end.

deleted text begin (b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative
teacher compensation aid entitlement must not exceed $88,118,000 for fiscal year 2017
and later. The commissioner must limit the amount of alternative teacher compensation
aid approved under this section so as not to exceed these limits. Basic
deleted text end

new text begin Subd. 4a. new text end

new text begin Aid for cooperative units. new text end

new text begin(a)new text end Alternative teacher compensation aid for
an intermediate district or other cooperative unit new text beginwith a plan approved under section
122A.413
new text endequals deleted text begin$3,000deleted text endnew text begin $1,050new text end times the number of licensed teachers employed by the
intermediate district or cooperative unit on October 1 of the previous school year.

new text begin (b) Teacher development and evaluation aid for an intermediate school district or
other cooperative unit equals $1,950 times the number of licensed teachers employed by the
intermediate school district or cooperative unit on October 1 of the previous school year.
new text end

new text begin Subd. 4b. new text end

new text begin Principals. new text end

new text begin (a) Alternative principal compensation aid for a school
district, charter school, school site, or intermediate school or cooperative unit with a plan
approved under section 122A.413, equals $1,050 times the number of licensed principals
employed by the school district, charter school, school site, or intermediate or other
cooperative unit on October 1 of the previous school year.
new text end

new text begin (b) Principal development and evaluation aid for a school district, charter school,
school site, or intermediate school or cooperative unit equals $1,950 times the number
of licensed principals employed by the school district, charter school, school site, or
intermediate or other cooperative unit on October 1 of the previous school year.
new text end

Subd. 5.

Alternative teacher compensation levy.

The alternative teacher
compensation levy for a new text beginschool new text enddistrictnew text begin, not including an intermediate district,new text end receiving
deleted text beginbasicdeleted text end alternative teacher compensation deleted text beginaiddeleted text end new text beginrevenue under subdivision 1new text end equals the product
of (1) deleted text beginthe difference betweendeleted text end the district's alternative teacher compensation revenue deleted text beginand
the district's basic alternative teacher compensation aid,
deleted text end times (2) the lesser of one or the
ratio of the district's adjusted net tax capacity per adjusted pupil unit to $6,100.

Subd. 6.

Alternative teacher compensation equalization aid.

(a) deleted text beginA district's
deleted text endnew text beginFor a school district only,new text end alternative teacher compensation equalization aid equals the
district's alternative teacher compensation revenue deleted text beginminus the district's basic alternative
teacher compensation aid
deleted text end minus the district's alternative teacher compensation levy. If a
district does not levy the entire amount permitted, the alternative teacher compensation
equalization aid must be reduced in proportion to the actual amount levied.

(b) A district's alternative teacher compensation aid equals the deleted text beginsum of the
district's basic alternative teacher compensation aid and the
deleted text end district's alternative teacher
compensation equalization aid.

new text begin Subd. 7. new text end

new text begin Flexibility for existing programs. new text end

new text begin A school district or charter school with
an approved alternative teacher professional pay system may transfer any of the funding
authorized in this section between its alternative teacher professional pay program and its
teacher development and evaluation activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017
and later.
new text end

Sec. 4.

new text begin [136A.1275] GRANTS TO STUDENT TEACHERS IN SHORTAGE
AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of the Office of Higher Education
must establish a grant program for students who are required to student teach as part of
their teacher preparation program.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin In order to receive a grant, the applicant must:
new text end

new text begin (1) be enrolled in a Minnesota teacher preparation program that would enable the
applicant, upon graduation, to teach in a Minnesota school district in a shortage area;
new text end

new text begin (2) agree to teach in a shortage area for at least five years after graduating from the
teacher preparation program; and
new text end

new text begin (3) demonstrate financial need in the form and manner prescribed by the
commissioner of the Office of Higher Education. "Shortage area" has the same meaning
given in section 122A.18, subdivision 4a.
new text end

new text begin Subd. 3. new text end

new text begin Administration; repayment. new text end

new text begin The office must determine the time and
manner of applications. The office must determine the stipend amount based on the money
available and the number of eligible applicants each academic year. If a stipend recipient
is employed in a shortage area, the recipient must remain employed in the shortage area
for five years or repay a portion of the amount received prorated by the number of years
the recipient has taught in the shortage area.
new text end

Sec. 5.

Laws 2015, chapter 69, article 1, section 3, subdivision 28, is amended to read:


Subd. 28.

Teacher Shortage Loan Forgiveness

200,000
deleted text begin 200,000
deleted text end new text begin .......
new text end

For the loan forgiveness program under
Minnesota Statutes, section 136A.1791.

The commissioner may use no more
than three percent of this appropriation
to administer the program under this
subdivision.

Sec. 6.

Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 2,
is amended to read:


Subd. 2.

new text beginTeacher development and evaluation aid; new text endalternative compensation
new text beginaidnew text end.

For new text beginteacher development and evaluation aid and new text endalternative teacher compensation aid
under Minnesota Statutes, section 122A.415deleted text begin, subdivision 4deleted text end:

$
78,331,000
.....
2016
$
deleted text begin 87,147,000
deleted text end new text begin .......
new text end
.....
2017

The 2016 appropriation includes $7,766,000 for 2015 and $70,565,000 for 2016.

The 2017 appropriation includes $7,840,000 for 2016 and deleted text begin$79,307,000deleted text endnew text begin $.......new text end for
2017.

Sec. 7.

Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision
12, is amended to read:


Subd. 12.

Collaborative urban educator.

For the collaborative urban educator
grant program:

$
780,000
.....
2016
$
deleted text begin 780,000
deleted text end new text begin .......
new text end
.....
2017

Grants shall be awarded in equal amounts: deleted text begin$195,000deleted text end new text begin$.......new text endnew text begin new text endeach year is for the
Southeast Asian teacher program at Concordia University, St. Paul; deleted text begin$195,000deleted text end new text begin$.......new text endnew text begin new text endeach
year is for the collaborative urban educator program at the University of St. Thomas;
deleted text begin$195,000deleted text end new text begin$.......new text endnew text begin new text endeach year is for the Center for Excellence in Urban Teaching at Hamline
University; and deleted text begin$195,00deleted text end new text begin$.......new text endnew text begin new text endeach year is for the East Africa Student to Teacher program
at Augsburg College.

Any balance in the first year does not cancel but is available in the second year.

Each institution shall prepare for the legislature, by January 15 of each year, a
detailed report regarding the funds used. The report must include the number of teachers
prepared as well as the diversity for each cohort of teachers produced.

Sec. 8. new text beginSTATEWIDE SCHOOL TEACHER AND ADMINISTRATOR JOB
BOARD.
new text end

new text begin The Board of Teaching must contract for an electronic statewide school teacher and
administrator job board. The job board must allow school districts to post job openings for
prekindergarten through grade 12 teaching and administrative positions.
new text end

Sec. 9. new text beginPARAPROFESSIONAL PATHWAY TO TEACHER LICENSURE.
new text end

new text begin The commissioner of education must establish a grant program for school districts
to design, establish, and maintain a paraprofessional pathway to teacher licensure or a
grow your own new teacher program. The programs must allow a current school district
paraprofessional with a bachelor's degree to pursue their teaching license while still being
employed by the school district. A school district may apply in the form and manner
prescribed by the commissioner.
new text end

Sec. 10. new text beginBOARD OF TEACHING TO AMEND SCIENCE LICENSURE RULES.
new text end

new text begin The Board of Teaching must use the expedited rulemaking process under Minnesota
Statutes, section 14.389, to amend Minnesota Rules, part 8710.4750, to allow a teacher
holding a grade 9 through 12 science license with at least three years of experience to
obtain a general science teaching license for grades 5 through 8 by passing an exam.
new text end

Sec. 11. new text beginSPECIAL EDUCATION EDUCATOR PROGRAMS REPORT.
new text end

new text begin By December 15, 2016, the chancellor of the Minnesota State Colleges and
Universities must prepare and submit to the committees of the legislature having
jurisdiction over kindergarten through grade 12 education and higher education a report
on the special education educator programs available at the state colleges and universities,
which institutions offer the specific special education educator programs, and the number
of graduates over the last five years.
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. 12. new text beginOFFICE OF HIGHER EDUCATION; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of the Office of Higher Education for grants to student teachers in shortage areas under
Minnesota Statutes, section 136A.1275.
new text end

Sec. 13. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Statewide job board. new text end

new text begin For transfer to the Board of Teaching for the
statewide school teacher and administrator job board:
new text end

new text begin $
new text end
new text begin 79,000
new text end
new text begin .....
new text end
new text begin 2017
new text end

new text begin Subd. 3. new text end

new text begin Paraprofessional pathway to teacher licensure. new text end

new text begin For grants to school
districts for grow your own new teacher programs:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2017
new text end