SF 943

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing a board of 
  1.3             education leadership; providing for rulemaking; 
  1.4             appropriating money; amending Minnesota Statutes 2000, 
  1.5             sections 122A.162; 122A.163; 122A.18, subdivisions 1, 
  1.6             4; 122A.21; 214.01, subdivision 3; 214.04, 
  1.7             subdivisions 1, 3; 214.12, subdivision 1; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 122A.
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 122A.162, is 
  1.11  amended to read: 
  1.12     122A.162 [LICENSURE RULES.] 
  1.13     The commissioner may make rules relating to licensure of 
  1.14  school personnel not licensed by the board of teaching or the 
  1.15  board of education leadership. 
  1.16     Sec. 2.  Minnesota Statutes 2000, section 122A.163, is 
  1.17  amended to read: 
  1.18     122A.163 [TEACHER RULE VARIANCES; COMMISSIONER.] 
  1.19     Notwithstanding any law to the contrary, and only upon 
  1.20  receiving the agreement of the state board of teaching or board 
  1.21  of education leadership, whichever has jurisdiction over the 
  1.22  teachers' licensure, the commissioner of children, families, and 
  1.23  learning may grant a variance to rules governing licensure of 
  1.24  teachers for those teachers licensed by the board of teaching or 
  1.25  board of education leadership, whichever has jurisdiction.  The 
  1.26  commissioner may grant a variance, without the agreement of the 
  1.27  board of teaching or board of education leadership, to rules 
  2.1   adopted by the commissioner governing licensure of teachers for 
  2.2   those teachers the commissioner licenses. 
  2.3      Sec. 3.  Minnesota Statutes 2000, section 122A.18, 
  2.4   subdivision 1, is amended to read: 
  2.5      Subdivision 1.  [AUTHORITY TO LICENSE.] (a) The board of 
  2.6   teaching must license teachers, as defined in section 122A.15, 
  2.7   subdivision 1, except for supervisory personnel, as defined in 
  2.8   section 122A.15, subdivision 2. 
  2.9      (b) The commissioner of children, families, and learning 
  2.10  board of education leadership must license supervisory personnel 
  2.11  as defined in section 122A.15, subdivision 2, except for 
  2.12  athletic coaches.  
  2.13     (c) Licenses under the jurisdiction of the board of 
  2.14  teaching, the board of education leadership, and the 
  2.15  commissioner of children, families, and learning must be issued 
  2.16  through the licensing section of the department.  
  2.17     Sec. 4.  Minnesota Statutes 2000, section 122A.18, 
  2.18  subdivision 4, is amended to read: 
  2.19     Subd. 4.  [EXPIRATION AND RENEWAL.] (a) Each license the 
  2.20  department of children, families, and learning issues through 
  2.21  its licensing section must bear the date of issue.  Licenses 
  2.22  must expire and be renewed according to the respective rules the 
  2.23  board of teaching, the board of education leadership, or the 
  2.24  commissioner of children, families, and learning adopts.  
  2.25  Requirements for renewing a license must include showing 
  2.26  satisfactory evidence of successful teaching experience for at 
  2.27  least one school year during the period covered by the license 
  2.28  in grades or subjects for which the license is valid or 
  2.29  completing such additional preparation as the board of teaching 
  2.30  prescribes.  The commissioner of children, families, and 
  2.31  learning board of education leadership shall establish 
  2.32  requirements for renewing the licenses of supervisory personnel, 
  2.33  except athletic coaches. 
  2.34     (b) The board of teaching shall offer alternative 
  2.35  continuing relicensure options for teachers who are accepted 
  2.36  into and complete the national board for professional teaching 
  3.1   standards certification process, and offer additional continuing 
  3.2   relicensure options for teachers who earn national board for 
  3.3   professional teaching standards certification.  Continuing 
  3.4   relicensure requirements for teachers who do not maintain 
  3.5   national board for professional teaching standards certification 
  3.6   are those the board prescribes.  
  3.7      Sec. 5.  [122A.191] [DEFINITIONS.] 
  3.8      Subdivision 1.  [SCOPE.] For the purposes of sections 
  3.9   122A.191 to 122A.193, the terms in this section have the 
  3.10  meanings given them, unless another meaning is clearly indicated.
  3.11     Subd. 2.  [BOARD.] "Board" means board of education 
  3.12  leadership. 
  3.13     Subd. 3.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
  3.14  means supervisory personnel as defined in section 122A.15, 
  3.15  subdivision 2, excluding athletic coaches. 
  3.16     Sec. 6.  [122A.192] [BOARD OF EDUCATION LEADERSHIP.] 
  3.17     Subdivision 1.  [MEMBERSHIP.] A board of education 
  3.18  leadership is established and must consist of nine members 
  3.19  appointed by the governor with the advice and consent of the 
  3.20  senate, including at least: 
  3.21     (1) one elementary school principal; 
  3.22     (2) one secondary school principal; 
  3.23     (3) one higher education faculty member in an educational 
  3.24  administration program approved by the board; 
  3.25     (4) one higher education administrator for an educational 
  3.26  administration program approved by the board; 
  3.27     (5) one school superintendent; 
  3.28     (6) one classroom teacher; 
  3.29     (7) one community education director or a special education 
  3.30  director; and 
  3.31     (8) two members of the public, one of whom must be a 
  3.32  present or former member of a school board. 
  3.33     In making appointments, the governor shall solicit 
  3.34  recommendations from groups representing persons in clauses (1) 
  3.35  to (8). 
  3.36     Subd. 2.  [TERMS; COMPENSATION; REMOVAL; 
  4.1   ADMINISTRATION.] Membership terms, removal of members, and the 
  4.2   filling of membership vacancies are as provided in section 
  4.3   214.09.  The terms of the initial board members must be 
  4.4   determined by lot as follows: 
  4.5      (1) three members must be appointed for terms that expire 
  4.6   August 1, 2002; 
  4.7      (2) three members must be appointed for terms that expire 
  4.8   August 1, 2003; and 
  4.9      (3) three members must be appointed for terms that expire 
  4.10  August 1, 2004. 
  4.11     Members shall not receive the daily payment under section 
  4.12  214.09, subdivision 3.  The employer of a member shall not 
  4.13  reduce the member's compensation or benefits for the member's 
  4.14  absence from employment when engaging in the business of the 
  4.15  board.  The provision of staff, administrative services, and 
  4.16  office space; the review and processing of complaints; the 
  4.17  setting of fees; the selection and duties of an executive 
  4.18  secretary to serve the board; and other provisions relating to 
  4.19  board operations are as provided in chapter 214.  Fiscal year 
  4.20  and reporting requirements are as provided in sections 214.07 
  4.21  and 214.08. 
  4.22     Subd. 3.  [VACANT POSITION.] The position of a member is 
  4.23  deemed vacant if the member leaves Minnesota or the member's 
  4.24  employment status changes to a category different from that for 
  4.25  which the member was appointed. 
  4.26     Subd. 4.  [MEETINGS.] The board must meet regularly at the 
  4.27  times and places determined by the board.  The board must 
  4.28  nominate and elect a chair and other officers from its 
  4.29  membership. 
  4.30     Subd. 5.  [EXECUTIVE SECRETARY.] The board may have an 
  4.31  executive secretary who is in the unclassified civil service and 
  4.32  who is not a member of the board. 
  4.33     Subd. 6.  [COMMISSIONER'S ASSISTANCE; BOARD MONEY.] The 
  4.34  commissioner shall provide all necessary materials and 
  4.35  assistance for the transaction of business of the board under 
  4.36  section 122A.18 and all money received by the board shall be 
  5.1   paid into the state treasury as provided by law.  The expenses 
  5.2   of administering sections 122A.15, 122A.16, 122A.162 to 122A.18, 
  5.3   122A.191 to 122A.23, and 122A.27 that are incurred by the board 
  5.4   of education leadership must be paid for from appropriations 
  5.5   made to the board of education leadership. 
  5.6      Sec. 7.  [122A.193] [DUTIES OF THE BOARD OF EDUCATION 
  5.7   LEADERSHIP.] 
  5.8      Subdivision 1.  [LICENSING; RULEMAKING; PREPARATION 
  5.9   PROGRAMS.] The board must establish standards and procedures, 
  5.10  that are supported by current research and best practices, for 
  5.11  preparing supervisory personnel for licensure, licensing, and 
  5.12  the renewal of licenses of supervisory personnel.  The board 
  5.13  must adopt administrative rules, in accordance with chapter 14, 
  5.14  for implementing the supervisory personnel licensure process, 
  5.15  including approving supervisory personnel preparation programs 
  5.16  and allowing public and private organizations to offer 
  5.17  alternative preparation programs leading to licensure of 
  5.18  supervisory personnel. 
  5.19     Subd. 2.  [ACCOUNTABILITY.] The board must develop 
  5.20  accountability measures for programs preparing students for 
  5.21  licensure and report the progress of the programs to the 
  5.22  legislature by January 15 of every other year beginning with the 
  5.23  2003 legislature. 
  5.24     Subd. 3.  [REGISTER OF PERSONS LICENSED.] The executive 
  5.25  secretary of the board shall keep a record of the proceedings of 
  5.26  the board and a register of all persons licensed under this 
  5.27  section.  The register must show the name, address, license 
  5.28  number, and the renewal of the license.  The board must, on July 
  5.29  1 of each year or as soon thereafter as possible, compile a list 
  5.30  of licensed supervisory personnel and send a copy of the list to 
  5.31  the board.  A copy of the register must be available during 
  5.32  business hours at the office of the board to any interested 
  5.33  person. 
  5.34     Subd. 4.  [RULES FOR CONTINUING EDUCATION REQUIREMENTS.] 
  5.35  The board shall adopt rules establishing continuing education 
  5.36  requirements which promote continuous improvement and 
  6.1   acquisition of new and relevant skills by school administrators. 
  6.2      Subd. 5.  [CODE OF ETHICS.] The board shall adopt by rule a 
  6.3   code of ethics covering standards of professional practice, 
  6.4   including ethical conduct, professional performance, and methods 
  6.5   of enforcement, and advise school administrators in interpreting 
  6.6   the code of ethics. 
  6.7      Sec. 8.  Minnesota Statutes 2000, section 122A.21, is 
  6.8   amended to read: 
  6.9      122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.] 
  6.10     Each application for the issuance, renewal, or extension of 
  6.11  a license to teach and each application for the issuance, 
  6.12  renewal, or extension of a license as supervisory personnel must 
  6.13  be accompanied by a processing fee in an amount set by the board 
  6.14  of teaching or the board of education leadership, whichever has 
  6.15  jurisdiction over the license, by rule.  The processing fee for 
  6.16  a teacher's license and for the licenses of supervisory 
  6.17  personnel must be paid to the executive secretary of the board 
  6.18  of teaching or the board of education leadership, whichever has 
  6.19  jurisdiction over the license.  The executive secretary 
  6.20  secretaries of the board of teaching and the board of education 
  6.21  leadership shall deposit the fees with the state treasurer, as 
  6.22  provided by law, and report each month to the commissioner of 
  6.23  finance the amount of fees collected.  The fees as set by the 
  6.24  board of teaching and the board of education leadership are 
  6.25  nonrefundable for applicants not qualifying for a license.  
  6.26  However, a fee must be refunded by the state treasurer in any 
  6.27  case in which the applicant already holds a valid unexpired 
  6.28  license.  The board of teaching and the board of education 
  6.29  leadership may waive or reduce fees for applicants who apply at 
  6.30  the same time for more than one license. 
  6.31     Sec. 9.  Minnesota Statutes 2000, section 214.01, 
  6.32  subdivision 3, is amended to read: 
  6.33     Subd. 3.  [NON-HEALTH-RELATED LICENSING BOARD.] 
  6.34  "Non-health-related licensing board" means the board of teaching 
  6.35  established pursuant to section 122A.07, the board of education 
  6.36  leadership established under section 122A.192, the board of 
  7.1   barber examiners established pursuant to section 154.22, the 
  7.2   board of assessors established pursuant to section 270.41, the 
  7.3   board of architecture, engineering, land surveying, landscape 
  7.4   architecture, geoscience, and interior design established 
  7.5   pursuant to section 326.04, the board of accountancy established 
  7.6   pursuant to section 326.17, the board of electricity established 
  7.7   pursuant to section 326.241, the private detective and 
  7.8   protective agent licensing board established pursuant to section 
  7.9   326.33, the board of boxing established pursuant to section 
  7.10  341.01, and the peace officer standards and training board 
  7.11  established pursuant to section 626.841. 
  7.12     Sec. 10.  Minnesota Statutes 2000, section 214.04, 
  7.13  subdivision 1, is amended to read: 
  7.14     Subdivision 1.  [SERVICES PROVIDED.] The commissioner of 
  7.15  administration with respect to the board of electricity, the 
  7.16  commissioner of children, families, and learning with respect to 
  7.17  the board of teaching and the board of education leadership, the 
  7.18  commissioner of public safety with respect to the board of 
  7.19  private detective and protective agent services, and the board 
  7.20  of peace officer standards and training, and the commissioner of 
  7.21  revenue with respect to the board of assessors, shall provide 
  7.22  suitable offices and other space, joint conference and hearing 
  7.23  facilities, examination rooms, and the following administrative 
  7.24  support services:  purchasing service, accounting service, 
  7.25  advisory personnel services, consulting services relating to 
  7.26  evaluation procedures and techniques, data processing, 
  7.27  duplicating, mailing services, automated printing of license 
  7.28  renewals, and such other similar services of a housekeeping 
  7.29  nature as are generally available to other agencies of state 
  7.30  government.  Investigative services shall be provided the boards 
  7.31  by employees of the office of attorney general.  The 
  7.32  commissioner of health with respect to the health-related 
  7.33  licensing boards shall provide mailing and office supply 
  7.34  services and may provide other facilities and services listed in 
  7.35  this subdivision at a central location upon request of the 
  7.36  health-related licensing boards.  The commissioner of commerce 
  8.1   with respect to the remaining non-health-related licensing 
  8.2   boards shall provide the above facilities and services at a 
  8.3   central location for the remaining non-health-related licensing 
  8.4   boards.  The legal and investigative services for the boards 
  8.5   shall be provided by employees of the attorney general assigned 
  8.6   to the departments servicing the boards.  Notwithstanding the 
  8.7   foregoing, the attorney general shall not be precluded by this 
  8.8   section from assigning other attorneys to service a board if 
  8.9   necessary in order to insure competent and consistent legal 
  8.10  representation.  Persons providing legal and investigative 
  8.11  services shall to the extent practicable provide the services on 
  8.12  a regular basis to the same board or boards. 
  8.13     Sec. 11.  Minnesota Statutes 2000, section 214.04, 
  8.14  subdivision 3, is amended to read: 
  8.15     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
  8.16  health-related board and the executive secretary of each 
  8.17  non-health-related board shall be the chief administrative 
  8.18  officer for the board but shall not be a member of the board.  
  8.19  The executive director or executive secretary shall maintain the 
  8.20  records of the board, account for all fees received by it, 
  8.21  supervise and direct employees servicing the board, and perform 
  8.22  other services as directed by the board.  The executive 
  8.23  directors, executive secretaries, and other employees of the 
  8.24  following boards shall be hired by the board, and the executive 
  8.25  directors or executive secretaries shall be in the unclassified 
  8.26  civil service, except as provided in this subdivision:  
  8.27     (1) dentistry; 
  8.28     (2) medical practice; 
  8.29     (3) nursing; 
  8.30     (4) pharmacy; 
  8.31     (5) accountancy; 
  8.32     (6) architecture, engineering, land surveying, landscape 
  8.33  architecture, geoscience, and interior design; 
  8.34     (7) barber examiners; 
  8.35     (8) cosmetology; 
  8.36     (9) electricity; 
  9.1      (10) teaching; 
  9.2      (11) peace officer standards and training; 
  9.3      (12) social work; 
  9.4      (13) marriage and family therapy; and 
  9.5      (14) dietetics and nutrition practice; and 
  9.6      (15) education leadership. 
  9.7      The executive directors or executive secretaries serving 
  9.8   the boards are hired by those boards and are in the unclassified 
  9.9   civil service, except for part-time executive directors or 
  9.10  executive secretaries, who are not required to be in the 
  9.11  unclassified service.  Boards not requiring full-time executive 
  9.12  directors or executive secretaries may employ them on a 
  9.13  part-time basis.  To the extent practicable, the sharing of 
  9.14  part-time executive directors or executive secretaries by boards 
  9.15  being serviced by the same department is encouraged.  Persons 
  9.16  providing services to those boards not listed in this 
  9.17  subdivision, except executive directors or executive secretaries 
  9.18  of the boards and employees of the attorney general, are 
  9.19  classified civil service employees of the department servicing 
  9.20  the board.  To the extent practicable, the commissioner shall 
  9.21  ensure that staff services are shared by the boards being 
  9.22  serviced by the department.  If necessary, a board may hire 
  9.23  part-time, temporary employees to administer and grade 
  9.24  examinations. 
  9.25     Sec. 12.  Minnesota Statutes 2000, section 214.12, 
  9.26  subdivision 1, is amended to read: 
  9.27     Subdivision 1.  [REQUIREMENTS.] The health-related and 
  9.28  non-health-related licensing boards may promulgate by rule 
  9.29  requirements for renewal of licenses designed to promote the 
  9.30  continuing professional competence of licensees.  These 
  9.31  requirements of continuing professional education or training 
  9.32  shall be designed solely to improve professional skills and 
  9.33  shall not exceed an average attendance requirement of 50 clock 
  9.34  hours per year.  All requirements promulgated by the boards 
  9.35  shall be effective commencing January 1, 1977, or at a later 
  9.36  date as the board may determine.  The 50 clock hour limitation 
 10.1   shall not apply to the board of teaching and board of education 
 10.2   leadership. 
 10.3      Sec. 13.  [TRANSFER OF POWERS AND DUTIES; RULES.] 
 10.4      Except as otherwise provided in this section and in 
 10.5   Minnesota Statutes, section 122A.18, the powers, duties, and 
 10.6   responsibilities of the commissioner of children, families, and 
 10.7   learning with respect to supervisory personnel as defined in 
 10.8   Minnesota Statutes, section 122A.15, subdivision 2, except for 
 10.9   athletic coaches, are transferred to the board of education 
 10.10  leadership. 
 10.11     Sec. 14.  [INSTRUCTION TO REVISOR.] 
 10.12     In the next and subsequent editions of Minnesota Statutes, 
 10.13  the revisor of statutes shall substitute the term "board of 
 10.14  education leadership" for the term "commissioner" or 
 10.15  "commissioner of children, families, and learning" in the 
 10.16  following sections of Minnesota Statutes:  122A.18, subdivisions 
 10.17  3, 6, and 8; 122A.20, subdivision 1; 122A.23, subdivision 1; 
 10.18  122A.27, subdivisions 1, 4, and 5; 123A.21; 123B.03, subdivision 
 10.19  1; and 125A.67, subdivision 2. 
 10.20     Sec. 15.  [APPROPRIATION.] 
 10.21     $....... in fiscal year 2002 and $....... in fiscal year 
 10.22  2003 are appropriated from the general fund to the board of 
 10.23  education leadership.