HF 3580

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 01:17pm

A bill for an act
relating to education; modifying teacher licensure provisions; modifying
Professional Educator Licensing and Standards Board composition; authorizing
rulemaking; making technical changes; amending Minnesota Statutes 2018, sections
122A.06, subdivisions 2, 5, 7, 8; 122A.07, subdivisions 1, 2, 4a; 122A.09,
subdivision 9; 122A.182, subdivisions 1, 2; 122A.185, subdivision 1; 122A.187,
subdivision 3, by adding a subdivision; 122A.19, subdivision 4; Minnesota Statutes
2019 Supplement, sections 122A.18, subdivision 10; 122A.635, subdivisions 3,
4.

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

Sec. 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 11 deleted text end new text begin 13 new text end members appointed by the governor, with the advice and
consent of the senate. Membership terms, 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 six deleted text end new text begin seven 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 six deleted text end new text begin seven new 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) two 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 from deleted text end new text begin educator currently teaching in new text end a new text begin state-approved new text end teacher
preparation program;

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 program;

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 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. 8.

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. 9.

Minnesota Statutes 2019 Supplement, 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 teacher deleted text end new text begin
a Tier 3 new text end license deleted text begin under subdivision 1, deleted text end or to add a licensure field deleted text begin , deleted text end 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 a fee for a portfolio in accordance with section 122A.21,
subdivision 4.

Sec. 10.

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 deleted text begin Minnesota-approved deleted text end new text begin state-approved new text end teacher preparation program; 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. 11.

Minnesota Statutes 2018, section 122A.182, subdivision 2, is amended to read:

Subd. 2.

Coursework.

(a) A candidate for a Tier 2 license must meet the coursework
requirement by demonstrating completion of two of the following:

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

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

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

(4) a passing score on new text begin either new text end the pedagogy new text begin exam or performance assessment new text end and new text begin a passing
score on new text end content exams under section 122A.185; or

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

(b) For purposes of paragraph (a), "upper division" means classes normally taken at the
junior or senior level of college which require substantial knowledge and skill in the field.
Candidates must identify the upper division credits that fulfill the requirement in paragraph
(a), clause (1).

Sec. 12.

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. 13.

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 practices deleted 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. 14.

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. 15.

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 universities deleted text end designed for their training.

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

Sec. 16.

Minnesota Statutes 2019 Supplement, section 122A.635, subdivision 3, is amended
to read:

Subd. 3.

Grant program administration.

The Professional Educator Licensing and
Standards Board may enter into an interagency agreement with the Office of Higher
Education. The agreement may include a transfer of funds to the Office of Higher Education
to help establish and administer the competitive grant process. The board must award grants
to institutions located in various economic development regions throughout the state, but
must not predetermine the number of institutions to be awarded grants under this section
or set a limit for the amount that any one institution may receive as part of the competitive
grant application process. All grants must be awarded by August 15 of the fiscal year in
which the grants are to be used except that, for initial competitive grants awarded for fiscal
year 2020, grants must be awarded by September 15. An institution that receives a grant
under this section may use the grant funds over a two- to four-year period to support teacher
candidates. new text begin Grants awarded after fiscal year 2021 will be awarded for a two-year grant
period.
new text end

Sec. 17.

Minnesota Statutes 2019 Supplement, section 122A.635, subdivision 4, is amended
to read:

Subd. 4.

Report.

(a) By deleted text begin January 15 deleted text end new text begin June 30 new text end of each year, an institution awarded a grant
under this section must prepare for the legislature and the board a detailed report regarding
the expenditure of grant funds, including the amounts used to recruit, retain, and induct
teacher candidates of color or who are American Indian. The report must include the total
number of teacher candidates of color, disaggregated by race or ethnic group, who are
recruited to the institution, are newly admitted to the licensure program, are enrolled in the
licensure program, have completed student teaching, have graduated, are licensed, and are
newly employed as Minnesota teachers in their licensure field. A grant recipient must report
the total number of teacher candidates of color or who are American Indian at each stage
from recruitment to licensed teaching as a percentage of total candidates seeking the same
licensure at the institution.

(b) The board must post a report on its website summarizing the activities and outcomes
of grant recipients and results that promote sharing of effective practices among grant
recipients.

Sec. 18. new text begin TRANSFER OF POWERS.
new text end

new text begin The responsibilities of the Professional Educator Licensing and Standards Board with
respect to the staff automated reporting (STAR) system are transferred by law to the
Department of Education for purposes of Minnesota Statutes, section 15.039.
new text end