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SF 781

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:09am

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; modifying teacher licensing, hiring, and dismissal provisions;
amending Minnesota Statutes 2020, sections 122A.181, subdivisions 1, 3; 122A.40,
subdivision 3; 122A.41, by adding a subdivision; 122A.635, subdivisions 1, 2;
122A.70, subdivisions 1, 2; Laws 2019, First Special Session chapter 11, article
3, section 23, subdivision 6, as amended.

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

Section 1.

Minnesota Statutes 2020, section 122A.181, subdivision 1, is amended to read:


Subdivision 1.

Application requirements.

The Professional Educator Licensing and
Standards Board must approve a request from a district or charter school to issue a Tier 1
license in a specified content area to a candidate if:

(1) the candidate meets the professional requirement in subdivision 2;

(2) the district or charter school affirms that the candidate has the necessary skills and
knowledge to teach in the specified content area; and

(3) the district or charter school demonstrates thatdeleted text begin:
deleted text end

deleted text begin (i)deleted text end a criminal background check under section 122A.18, subdivision 8, has been completed
on the candidatedeleted text begin; and
deleted text end

deleted text begin (ii) the district or charter school has posted the teacher position but was unable to hire
an acceptable teacher with a Tier 2, 3, or 4 license for the position
deleted 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. 2.

Minnesota Statutes 2020, section 122A.181, subdivision 3, is amended to read:


Subd. 3.

Term of license and renewal.

(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) and (c). The board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.

(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:

deleted text begin (1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end the teacher holding the Tier 1 license took a content examination in accordance
with section 122A.185 and submitted the examination results to the teacher's employing
district or charter school within one year of the board approving the request for the initial
Tier 1 license;

deleted text begin (3)deleted text endnew text begin (2)new text end the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board
approving the request for the initial Tier 1 license; and

deleted text begin (4)deleted text endnew text begin (3)new text end the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6.

The requirement in clause deleted text begin(2)deleted text endnew text begin (1)new text end does not apply to a teacher that teaches a class in a career
and technical education or career pathways course of study.

(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2020, section 122A.40, subdivision 3, is amended to read:


Subd. 3.

Hiring, dismissing.

new text begin(a) new text endSchool boards must hire or dismiss teachers at duly
called meetings. Where a husband and wife, brother and sister, or two brothers or sisters,
constitute a quorum, no contract employing a teacher shall be made or authorized except
upon the unanimous vote of the full board. A teacher related by blood or marriage, within
the fourth degree, computed by the civil law, to a board member shall not be employed
except by a unanimous vote of the full board. The initial employment of the teacher in the
district must be by written contract, signed by the teacher and by the chair and clerk. All
subsequent employment of the teacher in the district must be by written contract, signed by
the teacher and by the chair and clerk, except where there is a master agreement covering
the employment of the teacher. Contracts for teaching or supervision of teaching can be
made only with qualified teachers. A teacher shall not be required to reside within the
employing district as a condition to teaching employment or continued teaching employment.

new text begin (b) A school district must not give preference in the hiring or dismissal of a teacher
based on the teacher's seniority.
new text end

new text begin (c) A school district must report all new teacher hires and terminations, including layoffs,
by race and ethnicity annually to the Department of Education. The report must not include
data that would personally identify individuals.
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. 4.

Minnesota Statutes 2020, section 122A.41, is amended by adding a subdivision to
read:


new text begin Subd. 16. new text end

new text begin Hiring and dismissal. new text end

new text begin (a) A school district must not give preference in the
hiring or dismissal of a teacher based on the teacher's seniority.
new text end

new text begin (b) A school district must report all new teacher hires and terminations, including layoffs,
by race and ethnicity annually to the Department of Education. The report must not include
data that would personally identify individuals.
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. 5.

Minnesota Statutes 2020, section 122A.635, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The Professional Educator Licensing and Standards
Board must award competitive grants to increase the number of teacher candidates of color
or who are American Indian, and meet the requirements for a Tier new text begin1, 2, or new text end3 license under
sectionnew text begin 122A.181, 122A.182, ornew text end 122A.183. Eligibility for a grant under this section is limited
to deleted text beginpublic or private higher education institutions that offer adeleted text end teacher preparation deleted text beginprogram
approved by the Professional Educator Licensing and Standards Board
deleted text endnew text begin programs, including
alternative teacher preparation programs, located in Minnesota
new text end.

Sec. 6.

Minnesota Statutes 2020, section 122A.635, subdivision 2, is amended to read:


Subd. 2.

Competitive grants.

(a) The Professional Educator Licensing and Standards
Board must award competitive grants under this section based on the following criteria:

(1) the numbernew text begin or percentagenew text end of teacher candidates being supported in the program who
are of color or who are American Indian;

(2) program outcomes, including graduation or program completion rates, licensure
rates, and placement rates and, for each outcome measure, the number of those teacher
candidates of color or who are American Indian; and

(3) the percent of racially and ethnically diverse teacher candidates enrolled in the
institution compared to:

(i) the total percent of students of color and American Indian students enrolled at the
institution, regardless of major; and

(ii) the percent of underrepresented racially and ethnically diverse teachers in the
economic development region of the state where the institution is located and where a
shortage of diverse teachers exists, as reported under section 122A.091, subdivision 5.

deleted text begin (b) The board must give priority in awarding grants under this section to institutions that
received grants under Laws 2017, First Special Session chapter 5, article 2, section 57,
subdivision 27, and have demonstrated continuing success at recruiting, retaining, graduating,
and inducting teacher candidates of color or who are American Indian. If the board awards
a competitive grant based on the criteria in paragraph (a) to a program that has not previously
received funding, the board must thereafter give priority to the program equivalent to other
programs given priority under this paragraph.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The board must determine award amounts for maintenance and expansion of
programs based on the number of candidates supported by an applicant program, sustaining
support for those candidates, and funds available.

Sec. 7.

Minnesota Statutes 2020, section 122A.70, subdivision 1, is amended to read:


Subdivision 1.

Teacher mentoring, induction, and retention programs.

(a) School
districts are encouraged to develop teacher mentoring programs for teachers new to the
profession or districtdeleted text begin, includingdeleted text endnew text begin. Districts must prioritize mentoring programs fornew text end teaching
residents, teachers of color, teachers who are American Indian, teachers in license shortage
areas, teachers with special needs, or experienced teachers in need of peer coaching.

(b) Teacher mentoring programs must be included in or aligned with districts' teacher
evaluation and peer review processes under sections 122A.40, subdivision 8, and 122A.41,
subdivision 5. A district may use staff development revenue under section 122A.61, special
grant programs established by the legislature, or another funding source to pay a stipend to
a mentor who may be a current or former teacher who has taught at least three years and is
not on an improvement plan. Other initiatives using such funds or funds available under
sections 124D.861 and 124D.862 may include:

(1) additional stipends as incentives to mentors of color or who are American Indian;

(2) financial supports for professional learning community affinity groups across schools
within and between districts for teachers from underrepresented racial and ethnic groups to
come together throughout the school year. For purposes of this section, "affinity groups"
are groups of educators who share a common racial or ethnic identity in society as persons
of color or who are American Indian;

(3) programs for induction aligned with the district or school mentorship program during
the first three years of teaching, especially for teachers from underrepresented racial and
ethnic groups; or

(4) grants supporting licensed and nonlicensed educator participation in professional
development, such as workshops and graduate courses, related to increasing student
achievement for students of color and American Indian students in order to close opportunity
and achievement gaps.

(c) A school or district deleted text beginthat receives a grantdeleted text endnew text begin with a mentoring programnew text end must negotiate
additional retention strategies deleted text beginordeleted text endnew text begin andnew text end protection from unrequested leave of absences in the
beginning years of employment for teachers of color and teachers who are American Indian.
Retention strategies may include providing financial incentives for teachers of color and
teachers who are American Indian to work in the school or district for at least five years
and placing American Indian educators at sites with other American Indian educators and
educators of color at sites with other educators of color to reduce isolation and increase
opportunity for collegial support.

Sec. 8.

Minnesota Statutes 2020, section 122A.70, subdivision 2, is amended to read:


Subd. 2.

Applications.

The Professional Educator Licensing and Standards Board must
makenew text begin grantnew text end application forms available to sites interested in developing or expanding a
mentorship program. A school district; a group of school districts; a coalition of districts,
teachers, and teacher education institutions; or a coalition of schools, teachers, or nonlicensed
educators may apply for a program grant. The Professional Educator Licensing and Standards
Board, in consultation with the teacher mentoring task force, must approve or disapprove
thenew text begin grantnew text end applications. To the extent possible, the approved applications must reflect effective
mentoring, professional development, and retention components, and be geographically
distributed throughout the state. The Professional Educator Licensing and Standards Board
must encourage the selected sites to consider the use of its assessment procedures.

Sec. 9.

Laws 2019, First Special Session chapter 11, article 3, section 23, subdivision 6,
as amended by Laws 2020, chapter 83, article 1, section 101, is amended to read:


Subd. 6.

Paraprofessional pathway to teacher licensure.

(a) For grants to school
districts for Grow Your Own new teacher programs:

$
1,500,000
.....
2020
$
1,500,000
.....
2021

(b) The grants are for school districts with more than 30 percent minority students for
a Board of Teaching-approved nonconventional teacher residency pilot programnew text begin or alternative
teacher preparation program
new text end. The program must provide tuition scholarships or stipends to
enable school district employees or community members affiliated with a school district
who seek an education license to participate in a nonconventionalnew text begin or an alternativenew text end teacher
preparation program. School districts that receive funds under this subdivision are strongly
encouraged to recruit candidates of color and American Indian candidates to participate in
the Grow Your Own new teacher programs. Districts or schools providing financial support
may require a commitment as determined by the district to teach in the district or school
for a reasonable amount of time that does not exceed five years.

(c) School districts and charter schools may also apply for grants to develop innovative
expanded Grow Your Own programs that encourage secondary school students to pursue
teaching, including developing and offering dual-credit postsecondary course options in
schools for "Introduction to Teaching" or "Introduction to Education" courses consistent
with Minnesota Statutes, section 124D.09, subdivision 10.

(d) Programs must annually report to the commissioner by the date determined by the
commissioner on their activities under this section, including the number of participants,
the percentage of participants who are of color or who are American Indian, and an
assessment of program effectiveness, including participant feedback, areas for improvement,
the percentage of participants continuing to pursue teacher licensure, and the number of
participants hired in the school or district as teachers after completing preparation programs.

(e) The department may retain up to three percent of the appropriation amount to monitor
and administer the grant program.

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