SF 988

as introduced - 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             3, 4, 6, and 8; 122A.20, subdivision 1; 122A.21; 
  1.7             122A.23, subdivision 1; 122A.27, subdivisions 1, 4, 
  1.8             and 5; 123A.21, subdivision 5; 123B.03, subdivision 1; 
  1.9             125A.67, subdivision 2; 214.01, subdivision 3; 214.04, 
  1.10            subdivisions 1 and 3; and 214.12, subdivision 1; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 122A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 122A.162, is 
  1.15  amended to read: 
  1.16     122A.162 [LICENSURE RULES.] 
  1.17     The commissioner may make rules relating to licensure of 
  1.18  school personnel not licensed by the board of teaching or the 
  1.19  board of education leadership. 
  1.20     Sec. 2.  Minnesota Statutes 2000, section 122A.163, is 
  1.21  amended to read: 
  1.22     122A.163 [TEACHER RULE VARIANCES; COMMISSIONER.] 
  1.23     Notwithstanding any law to the contrary, and only upon 
  1.24  receiving the agreement of the state board of teaching or board 
  1.25  of education leadership, whichever has jurisdiction over the 
  1.26  teachers' licensure, the commissioner of children, families, and 
  1.27  learning may grant a variance to rules governing licensure of 
  1.28  teachers for those teachers licensed by the board of teaching or 
  1.29  board of education leadership, whichever has jurisdiction.  The 
  2.1   commissioner may grant a variance, without the agreement of the 
  2.2   board of teaching or board of education leadership, to rules 
  2.3   adopted by the commissioner governing licensure of teachers for 
  2.4   those teachers the commissioner licenses. 
  2.5      Sec. 3.  Minnesota Statutes 2000, section 122A.18, 
  2.6   subdivision 1, is amended to read: 
  2.7      Subdivision 1.  [AUTHORITY TO LICENSE.] (a) The board of 
  2.8   teaching must license teachers, as defined in section 122A.15, 
  2.9   subdivision 1, except for supervisory personnel, as defined in 
  2.10  section 122A.15, subdivision 2. 
  2.11     (b) The commissioner of children, families, and learning 
  2.12  board of education leadership must license supervisory personnel 
  2.13  as defined in section 122A.15, subdivision 2, except for 
  2.14  athletic coaches.  
  2.15     (c) Licenses under the jurisdiction of the board of 
  2.16  teaching, the board of education leadership, and the 
  2.17  commissioner of children, families, and learning must be issued 
  2.18  through the licensing section of the department.  
  2.19     Sec. 4.  Minnesota Statutes 2000, section 122A.18, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [SUPERVISORY AND COACH QUALIFICATIONS; CODE OF 
  2.22  ETHICS.] The commissioner of children, families, and learning 
  2.23  board of education leadership must issue licenses under its 
  2.24  jurisdiction to persons the commissioner board finds to be 
  2.25  qualified and competent for their respective positions under the 
  2.26  rules it adopts.  The commissioner of children, families, and 
  2.27  learning board of education leadership may develop, by rule, a 
  2.28  code of ethics for supervisory personnel covering standards of 
  2.29  professional practices, including areas of ethical conduct and 
  2.30  professional performance and methods of enforcement. 
  2.31     Sec. 5.  Minnesota Statutes 2000, section 122A.18, 
  2.32  subdivision 4, is amended to read: 
  2.33     Subd. 4.  [EXPIRATION AND RENEWAL.] (a) Each license the 
  2.34  department of children, families, and learning issues through 
  2.35  its licensing section must bear the date of issue.  Licenses 
  2.36  must expire and be renewed according to the respective rules the 
  3.1   board of teaching or the commissioner of children, families, and 
  3.2   learning board of education leadership adopts.  Requirements for 
  3.3   renewing a license must include showing satisfactory evidence of 
  3.4   successful teaching experience for at least one school year 
  3.5   during the period covered by the license in grades or subjects 
  3.6   for which the license is valid or completing such additional 
  3.7   preparation as the board of teaching prescribes.  
  3.8   The commissioner of children, families, and learning board of 
  3.9   education leadership shall establish requirements for renewing 
  3.10  the licenses of supervisory personnel, except athletic coaches. 
  3.11     (b) The board of teaching shall offer alternative 
  3.12  continuing relicensure options for teachers who are accepted 
  3.13  into and complete the national board for professional teaching 
  3.14  standards certification process, and offer additional continuing 
  3.15  relicensure options for teachers who earn national board for 
  3.16  professional teaching standards certification.  Continuing 
  3.17  relicensure requirements for teachers who do not maintain 
  3.18  national board for professional teaching standards certification 
  3.19  are those the board prescribes.  
  3.20     Sec. 6.  Minnesota Statutes 2000, section 122A.18, 
  3.21  subdivision 6, is amended to read: 
  3.22     Subd. 6.  [HUMAN RELATIONS.] The board of teaching and 
  3.23  the commissioner of children, families, and learning board of 
  3.24  education leadership shall accept training programs completed 
  3.25  through Peace Corps, VISTA, or Teacher Corps in lieu of 
  3.26  completion of the human relations component of the training 
  3.27  program for purposes of issuing or renewing a license in 
  3.28  education.  
  3.29     Sec. 7.  Minnesota Statutes 2000, section 122A.18, 
  3.30  subdivision 8, is amended to read: 
  3.31     Subd. 8.  [BACKGROUND CHECKS.] (a) The board of teaching 
  3.32  and the commissioner of children, families, and learning board 
  3.33  of education leadership must request a criminal history 
  3.34  background check from the superintendent of the bureau of 
  3.35  criminal apprehension on all applicants for initial licenses 
  3.36  under their jurisdiction.  An application for a license under 
  4.1   this section must be accompanied by: 
  4.2      (1) an executed criminal history consent form, including 
  4.3   fingerprints; and 
  4.4      (2) a money order or cashier's check payable to the bureau 
  4.5   of criminal apprehension for the fee for conducting the criminal 
  4.6   history background check. 
  4.7      (b) The superintendent of the bureau of criminal 
  4.8   apprehension shall perform the background check required under 
  4.9   paragraph (a) by retrieving criminal history data maintained in 
  4.10  the criminal justice information system computers and shall also 
  4.11  conduct a search of the national criminal records repository, 
  4.12  including the criminal justice data communications network.  The 
  4.13  superintendent is authorized to exchange fingerprints with the 
  4.14  Federal Bureau of Investigation for purposes of the criminal 
  4.15  history check.  The superintendent shall recover the cost to the 
  4.16  bureau of a background check through the fee charged to the 
  4.17  applicant under paragraph (a). 
  4.18     (c) The board of teaching or the commissioner of children, 
  4.19  families, and learning board of education leadership may issue a 
  4.20  license pending completion of a background check under this 
  4.21  subdivision, but must notify the individual that the 
  4.22  individual's license may be revoked based on the result of the 
  4.23  background check.  
  4.24     Sec. 8.  [122A.191] [DEFINITIONS.] 
  4.25     Subdivision 1.  [SCOPE.] For the purposes of sections 
  4.26  122A.191 to 122A.193, the terms in this section have the 
  4.27  meanings given them, unless another meaning is clearly indicated.
  4.28     Subd. 2.  [BOARD.] "Board" means board of education 
  4.29  leadership. 
  4.30     Subd. 3.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
  4.31  means supervisory personnel as defined in section 122A.15, 
  4.32  subdivision 2, excluding athletic coaches. 
  4.33     Sec. 9.  [122A.192] [BOARD OF EDUCATION LEADERSHIP.] 
  4.34     Subdivision 1.  [MEMBERSHIP.] A board of education 
  4.35  leadership is established and must consist of nine members 
  4.36  appointed by the governor with the advice and consent of the 
  5.1   senate, including at least: 
  5.2      (1) two present kindergarten through grade 12 school 
  5.3   administrators; 
  5.4      (2) one higher education faculty member in an educational 
  5.5   administration program approved by the board; 
  5.6      (3) one higher education administrator for an educational 
  5.7   administration program approved by the board; and 
  5.8      (4) one present school board member. 
  5.9   The remaining four members must be appointed at large. 
  5.10     Subd. 2.  [TERMS; COMPENSATION; REMOVAL; 
  5.11  ADMINISTRATION.] Membership terms, removal of members, and the 
  5.12  filling of membership vacancies are as provided in section 
  5.13  214.09.  The terms of the initial board members must be 
  5.14  determined by lot as follows: 
  5.15     (1) three members must be appointed for terms that expire 
  5.16  August 1, 2002; 
  5.17     (2) three members must be appointed for terms that expire 
  5.18  August 1, 2003; and 
  5.19     (3) three members must be appointed for terms that expire 
  5.20  August 1, 2004. 
  5.21  The provision of staff, administrative services, and office 
  5.22  space; the review and processing of complaints; the setting of 
  5.23  fees; the selection and duties of an executive secretary to 
  5.24  serve the board; and other provisions relating to board 
  5.25  operations are as provided in chapter 214.  Fiscal year and 
  5.26  reporting requirements are as provided in sections 214.07 and 
  5.27  214.08. 
  5.28     Subd. 3.  [VACANT POSITION.] The position of a member is 
  5.29  deemed vacant if the member leaves Minnesota or the member's 
  5.30  employment status changes to a category different from that for 
  5.31  which the member was appointed. 
  5.32     Subd. 4.  [MEETINGS.] The board must meet regularly at the 
  5.33  times and places determined by the board.  The board must 
  5.34  nominate and elect a chair and other officers from its 
  5.35  membership. 
  5.36     Subd. 5.  [EXECUTIVE SECRETARY.] The board must have an 
  6.1   executive secretary who is in the unclassified civil service and 
  6.2   who is not a member of the board. 
  6.3      Subd. 6.  [COMMISSIONER'S ASSISTANCE; BOARD MONEY.] The 
  6.4   commissioner shall provide all necessary materials and 
  6.5   assistance for the transaction of business of the board and all 
  6.6   money received by the board shall be paid into the state 
  6.7   treasury as provided by law.  The expenses of administering 
  6.8   sections 122A.15, 122A.16, 122A.162 to 122A.18, 122A.191 to 
  6.9   122A.23, and 122A.27 that are incurred by the board of education 
  6.10  leadership must be paid for from appropriations made to the 
  6.11  board of education leadership. 
  6.12     Sec. 10.  [122A.193] [DUTIES OF THE BOARD OF EDUCATION 
  6.13  LEADERSHIP.] 
  6.14     Subdivision 1.  [LICENSING; RULEMAKING; PREPARATION 
  6.15  PROGRAMS.] The board must establish standards and procedures, 
  6.16  that are supported by current research and best practices, for 
  6.17  preparing supervisory personnel for licensure, licensing, and 
  6.18  the renewal of licenses of supervisory personnel.  The board 
  6.19  must adopt administrative rules, in accordance with chapter 14, 
  6.20  for implementing the supervisory personnel licensure process, 
  6.21  including approving supervisory personnel preparation programs 
  6.22  and allowing public and private organizations to offer 
  6.23  alternative preparation programs leading to licensure of 
  6.24  supervisory personnel. 
  6.25     Subd. 2.  [ACCOUNTABILITY.] The board must develop 
  6.26  accountability measures for programs preparing students for 
  6.27  licensure and report the progress of the programs to the 
  6.28  legislature by January 15 of every other year beginning with the 
  6.29  2005 legislature. 
  6.30     Subd. 3.  [REGISTER OF PERSONS LICENSED.] The executive 
  6.31  secretary of the board shall keep a record of the proceedings of 
  6.32  the board and a register of all persons licensed under this 
  6.33  section.  The register must show the name, address, license 
  6.34  number, and the renewal of the license.  The board must, on July 
  6.35  1 of each year or as soon thereafter as possible, compile a list 
  6.36  of licensed supervisory personnel and send a copy of the list to 
  7.1   the board.  A copy of the register must be available during 
  7.2   business hours at the office of the board to any interested 
  7.3   person. 
  7.4      Sec. 11.  Minnesota Statutes 2000, section 122A.20, 
  7.5   subdivision 1, is amended to read: 
  7.6      Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
  7.7   DENIAL.] (a) The board of teaching or the commissioner, with the 
  7.8   advice from an advisory task force of supervisory personnel 
  7.9   established under section 15.014 board of education leadership, 
  7.10  whichever has jurisdiction over a teacher's licensure, may, on 
  7.11  the written complaint of the school board employing a teacher, a 
  7.12  teacher organization, or any other interested person, refuse to 
  7.13  issue, refuse to renew, suspend, or revoke a teacher's license 
  7.14  to teach for any of the following causes: 
  7.15     (1) immoral character or conduct; 
  7.16     (2) failure, without justifiable cause, to teach for the 
  7.17  term of the teacher's contract; 
  7.18     (3) gross inefficiency or willful neglect of duty; or 
  7.19     (4) failure to meet licensure requirements; or 
  7.20     (5) fraud or misrepresentation in obtaining a license. 
  7.21     The written complaint must specify the nature and character 
  7.22  of the charges.  
  7.23     (b) The board of teaching or the commissioner of children, 
  7.24  families, and learning board of education leadership, whichever 
  7.25  has jurisdiction over a teacher's licensure, shall refuse to 
  7.26  issue, refuse to renew, or automatically revoke a teacher's 
  7.27  license to teach without the right to a hearing upon receiving a 
  7.28  certified copy of a conviction showing that the teacher has been 
  7.29  convicted of child abuse, as defined in section 609.185, or 
  7.30  sexual abuse under section 609.342, 609.343, 609.344, 609.345, 
  7.31  609.3451, subdivision 3, or 617.23, subdivision 3, or under a 
  7.32  similar law of another state or the United States.  The board 
  7.33  shall send notice of this licensing action to the district in 
  7.34  which the teacher is currently employed. 
  7.35     (c) A person whose license to teach has been revoked, not 
  7.36  issued, or not renewed under paragraph (b), may petition the 
  8.1   board to reconsider the licensing action if the person's 
  8.2   conviction for child abuse or sexual abuse is reversed by a 
  8.3   final decision of the court of appeals or the supreme court or 
  8.4   if the person has received a pardon for the offense.  The 
  8.5   petitioner shall attach a certified copy of the appellate 
  8.6   court's final decision or the pardon to the petition.  Upon 
  8.7   receiving the petition and its attachment, the board shall 
  8.8   schedule and hold a disciplinary hearing on the matter under 
  8.9   section 214.10, subdivision 2, unless the petitioner waives the 
  8.10  right to a hearing.  If the board finds that, notwithstanding 
  8.11  the reversal of the petitioner's criminal conviction or the 
  8.12  issuance of a pardon, the petitioner is disqualified from 
  8.13  teaching under paragraph (a), clause (1), the board shall affirm 
  8.14  its previous licensing action.  If the board finds that the 
  8.15  petitioner is not disqualified from teaching under paragraph 
  8.16  (a), clause (1), it shall reverse its previous licensing action. 
  8.17     (d) For purposes of this subdivision, the board of teaching 
  8.18  is delegated the authority to suspend or revoke coaching 
  8.19  licenses. 
  8.20     Sec. 12.  Minnesota Statutes 2000, section 122A.21, is 
  8.21  amended to read: 
  8.22     122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.] 
  8.23     Each application for the issuance, renewal, or extension of 
  8.24  a license to teach and each application for the issuance, 
  8.25  renewal, or extension of a license as supervisory personnel must 
  8.26  be accompanied by a processing fee in an amount set by the board 
  8.27  of teaching or the board of education leadership, whichever has 
  8.28  jurisdiction over the license, by rule.  The processing fee for 
  8.29  a teacher's license and for the licenses of supervisory 
  8.30  personnel must be paid to the executive secretary of the board 
  8.31  of teaching or the board of education leadership, whichever has 
  8.32  jurisdiction over the license.  The executive secretary 
  8.33  secretaries of the board of teaching and the board of education 
  8.34  leadership shall deposit the fees with the state treasurer, as 
  8.35  provided by law, and report each month to the commissioner of 
  8.36  finance the amount of fees collected.  The fees as set by the 
  9.1   board of teaching and the board of education leadership are 
  9.2   nonrefundable for applicants not qualifying for a license.  
  9.3   However, a fee must be refunded by the state treasurer in any 
  9.4   case in which the applicant already holds a valid unexpired 
  9.5   license.  The board of teaching and the board of education 
  9.6   leadership may waive or reduce fees for applicants who apply at 
  9.7   the same time for more than one license. 
  9.8      Sec. 13.  Minnesota Statutes 2000, section 122A.23, 
  9.9   subdivision 1, is amended to read: 
  9.10     Subdivision 1.  [PREPARATION EQUIVALENCY.] When a license 
  9.11  to teach is authorized to be issued to any holder of a diploma 
  9.12  or a degree of a Minnesota state university, or of the 
  9.13  University of Minnesota, or of a liberal arts university, or a 
  9.14  technical training institution, such license may also, in the 
  9.15  discretion of the board of teaching or the commissioner of 
  9.16  children, families, and learning board of education leadership, 
  9.17  whichever has jurisdiction, be issued to any holder of a diploma 
  9.18  or a degree of a teacher training institution of equivalent rank 
  9.19  and standing of any other state.  The diploma or degree must be 
  9.20  granted by virtue of the completion of a course in teacher 
  9.21  preparation essentially equivalent in content to that required 
  9.22  by such Minnesota state university or the University of 
  9.23  Minnesota or a liberal arts university in Minnesota or a 
  9.24  technical training institution as preliminary to the granting of 
  9.25  a diploma or a degree of the same rank and class. 
  9.26     Sec. 14.  Minnesota Statutes 2000, section 122A.27, 
  9.27  subdivision 1, is amended to read: 
  9.28     Subdivision 1.  [REQUIREMENTS.] (a) A preparation program 
  9.29  that is an alternative to a graduate program in education 
  9.30  administration for public school administrators to acquire an 
  9.31  entrance license is established.  The program may be offered in 
  9.32  any administrative field. 
  9.33     (b) To participate in the alternative preparation program, 
  9.34  the candidate must: 
  9.35     (1) have a master's degree in an administrative area; 
  9.36     (2) have been offered an administrative position in a 
 10.1   school district, group of districts, or an education district 
 10.2   approved by the commissioner of children, families, and learning 
 10.3   board of education leadership to offer an alternative 
 10.4   preparation licensure program; 
 10.5      (3) have five years of experience in a field related to 
 10.6   administration; and 
 10.7      (4) document successful experiences working with children 
 10.8   and adults. 
 10.9      (c) An alternative preparation license is of one year 
 10.10  duration and is issued by the commissioner of children, 
 10.11  families, and learning board of education leadership to 
 10.12  participants on admission to the alternative preparation program.
 10.13     Sec. 15.  Minnesota Statutes 2000, section 122A.27, 
 10.14  subdivision 4, is amended to read: 
 10.15     Subd. 4.  [APPROVAL FOR STANDARD ENTRANCE LICENSE.] The 
 10.16  resident mentorship team must prepare for the commissioner of 
 10.17  children, families, and learning board of education leadership 
 10.18  an evaluation report on the performance of the alternative 
 10.19  preparation licensee during the school year and a positive or 
 10.20  negative recommendation on whether the alternative preparation 
 10.21  licensee shall receive a standard entrance license. 
 10.22     Sec. 16.  Minnesota Statutes 2000, section 122A.27, 
 10.23  subdivision 5, is amended to read: 
 10.24     Subd. 5.  [STANDARD ENTRANCE LICENSE.] The commissioner of 
 10.25  children, families, and learning board of education leadership 
 10.26  must issue a standard entrance license to an alternative 
 10.27  preparation licensee who has successfully completed the school 
 10.28  year in the alternative preparation program and who has received 
 10.29  a positive recommendation from the licensee's mentorship team. 
 10.30     Sec. 17.  Minnesota Statutes 2000, section 123A.21, 
 10.31  subdivision 5, is amended to read: 
 10.32     Subd. 5.  [DUTIES AND POWERS OF SC BOARD OF DIRECTORS.] The 
 10.33  board of directors shall have authority to maintain and operate 
 10.34  a SC.  Subject to the availability of necessary resources, the 
 10.35  powers and duties of this board shall include the following: 
 10.36     (a) The board of directors shall submit, by June 1 of each 
 11.1   year to each participating member, an annual plan which 
 11.2   describes the objectives and procedures to be implemented in 
 11.3   assisting in resolution of the needs of the SC.  
 11.4      (b) The SC board of directors shall provide adequate 
 11.5   office, service center, and administrative facilities by lease, 
 11.6   purchase, gift, or otherwise.  
 11.7      (c) The SC board of directors shall employ a central 
 11.8   administrative staff and other personnel as necessary to provide 
 11.9   and support the agreed upon programs and services.  The board 
 11.10  may discharge staff and personnel pursuant to applicable 
 11.11  provisions of law.  SC staff and personnel may participate in 
 11.12  retirement programs and any other programs available to public 
 11.13  school staff and personnel.  
 11.14     (d) The SC board of directors may appoint special advisory 
 11.15  committees composed of superintendents, central office 
 11.16  personnel, building principals, teachers, parents, lay persons, 
 11.17  and representatives from cities, counties, and other 
 11.18  governmental units.  
 11.19     (e) The SC board of directors may employ service area 
 11.20  personnel pursuant to licensure and certification standards 
 11.21  developed by the appropriate state agency such as the 
 11.22  commissioner board of education leadership and the state board 
 11.23  of teaching.  
 11.24     (f) The SC board of directors may enter into contracts with 
 11.25  school boards of local districts including school districts 
 11.26  outside the SC area.  
 11.27     (g) The SC board of directors may enter into contracts with 
 11.28  other public and private agencies and institutions to provide 
 11.29  administrative staff and other personnel as necessary to furnish 
 11.30  and support the agreed upon programs and services.  
 11.31     (h) The SC board of directors shall exercise all powers and 
 11.32  carry out all duties delegated to it by members under provisions 
 11.33  of the SC bylaws.  The SC board of directors shall be governed, 
 11.34  when not otherwise provided, by applicable laws of the state. 
 11.35     (i) The SC board of directors shall submit an annual 
 11.36  evaluation report of the effectiveness of programs and services 
 12.1   to the members by September 1 of each year following the 
 12.2   previous June 30 in which the programs and services were 
 12.3   provided.  
 12.4      (j) The SC board is encouraged to establish cooperative, 
 12.5   working relationships and partnerships with post-secondary 
 12.6   educational institutions, other public agencies, business, and 
 12.7   industry.  
 12.8      Sec. 18.  Minnesota Statutes 2000, section 123B.03, 
 12.9   subdivision 1, is amended to read: 
 12.10     Subdivision 1.  [BACKGROUND CHECK REQUIRED.] (a) A school 
 12.11  hiring authority, as defined in subdivision 3, shall request a 
 12.12  criminal history background check from the superintendent of the 
 12.13  bureau of criminal apprehension on all individuals who are 
 12.14  offered employment in the school, as defined in subdivision 3.  
 12.15  In order to be eligible for employment, an individual who is 
 12.16  offered employment must provide an executed criminal history 
 12.17  consent form and a money order or check payable to either the 
 12.18  bureau of criminal apprehension or the school hiring authority, 
 12.19  at the election of the school hiring authority, in an amount 
 12.20  equal to the actual cost to the bureau of criminal apprehension 
 12.21  and the school district of conducting the criminal history 
 12.22  background check.  A school hiring authority electing to receive 
 12.23  payment may, at its discretion, accept payment in the form of a 
 12.24  negotiable instrument other than a money order or check and 
 12.25  shall pay the superintendent of the bureau of criminal 
 12.26  apprehension directly to conduct the background check.  The 
 12.27  superintendent of the bureau of criminal apprehension shall 
 12.28  conduct the background check by retrieving criminal history data 
 12.29  maintained in the criminal justice information system 
 12.30  computers.  A school hiring authority, at its discretion, may 
 12.31  elect not to request a criminal history background check on an 
 12.32  individual who holds an initial entrance license issued by the 
 12.33  state board of teaching or the commissioner of children, 
 12.34  families, and learning board of education leadership within the 
 12.35  12 months preceding an offer of employment. 
 12.36     (b) A school hiring authority may use the results of a 
 13.1   criminal background check conducted at the request of another 
 13.2   school hiring authority if: 
 13.3      (1) the results of the criminal background check are on 
 13.4   file with the other school hiring authority or otherwise 
 13.5   accessible; 
 13.6      (2) the other school hiring authority conducted a criminal 
 13.7   background check within the previous 12 months; 
 13.8      (3) the individual who is the subject of the criminal 
 13.9   background check executes a written consent form giving a school 
 13.10  hiring authority access to the results of the check; and 
 13.11     (4) there is no reason to believe that the individual has 
 13.12  committed an act subsequent to the check that would disqualify 
 13.13  the individual for employment. 
 13.14     (c) A school hiring authority may, at its discretion, 
 13.15  request a criminal history background check from the 
 13.16  superintendent of the bureau of criminal apprehension on any 
 13.17  individual who seeks to enter a school or its grounds for the 
 13.18  purpose of serving as a school volunteer or working as an 
 13.19  independent contractor or student employee.  In order for an 
 13.20  individual to enter a school or its grounds under this paragraph 
 13.21  when the school hiring authority elects to request a criminal 
 13.22  history background check on the individual, the individual first 
 13.23  must provide an executed criminal history consent form and a 
 13.24  money order, check, or other negotiable instrument payable to 
 13.25  the school district in an amount equal to the actual cost to the 
 13.26  bureau of criminal apprehension and the school district of 
 13.27  conducting the criminal history background check.  
 13.28  Notwithstanding section 299C.62, subdivision 1, the cost of the 
 13.29  criminal history background check under this paragraph is the 
 13.30  responsibility of the individual. 
 13.31     (d) For all nonstate residents who are offered employment 
 13.32  in a school, a school hiring authority shall request a criminal 
 13.33  history background check on such individuals from the 
 13.34  superintendent of the bureau of criminal apprehension and from 
 13.35  the government agency performing the same function in the 
 13.36  resident state or, if no government entity performs the same 
 14.1   function in the resident state, from the Federal Bureau of 
 14.2   Investigation.  Such individuals must provide an executed 
 14.3   criminal history consent form and a money order, check, or other 
 14.4   negotiable instrument payable to the school hiring authority in 
 14.5   an amount equal to the actual cost to the government agencies 
 14.6   and the school district of conducting the criminal history 
 14.7   background check.  Notwithstanding section 299C.62, subdivision 
 14.8   1, the cost of the criminal history background check under this 
 14.9   paragraph is the responsibility of the individual. 
 14.10     Sec. 19.  Minnesota Statutes 2000, section 125A.67, 
 14.11  subdivision 2, is amended to read: 
 14.12     Subd. 2.  [TEACHER STANDARDS.] A teacher or administrator 
 14.13  at the academies is subject to the licensure standards of the 
 14.14  board of teaching or the commissioner of children, families, and 
 14.15  learning board of education leadership. 
 14.16     Sec. 20.  Minnesota Statutes 2000, section 214.01, 
 14.17  subdivision 3, is amended to read: 
 14.18     Subd. 3.  [NON-HEALTH-RELATED LICENSING BOARD.] 
 14.19  "Non-health-related licensing board" means the board of teaching 
 14.20  established pursuant to section 122A.07, the board of education 
 14.21  leadership established under section 122A.192, the board of 
 14.22  barber examiners established pursuant to section 154.22, the 
 14.23  board of assessors established pursuant to section 270.41, the 
 14.24  board of architecture, engineering, land surveying, landscape 
 14.25  architecture, geoscience, and interior design established 
 14.26  pursuant to section 326.04, the board of accountancy established 
 14.27  pursuant to section 326.17, the board of electricity established 
 14.28  pursuant to section 326.241, the private detective and 
 14.29  protective agent licensing board established pursuant to section 
 14.30  326.33, the board of boxing established pursuant to section 
 14.31  341.01, and the peace officer standards and training board 
 14.32  established pursuant to section 626.841. 
 14.33     Sec. 21.  Minnesota Statutes 2000, section 214.04, 
 14.34  subdivision 1, is amended to read: 
 14.35     Subdivision 1.  [SERVICES PROVIDED.] The commissioner of 
 14.36  administration with respect to the board of electricity, the 
 15.1   commissioner of children, families, and learning with respect to 
 15.2   the board of teaching and the board of education leadership, the 
 15.3   commissioner of public safety with respect to the board of 
 15.4   private detective and protective agent services, and the board 
 15.5   of peace officer standards and training, and the commissioner of 
 15.6   revenue with respect to the board of assessors, shall provide 
 15.7   suitable offices and other space, joint conference and hearing 
 15.8   facilities, examination rooms, and the following administrative 
 15.9   support services:  purchasing service, accounting service, 
 15.10  advisory personnel services, consulting services relating to 
 15.11  evaluation procedures and techniques, data processing, 
 15.12  duplicating, mailing services, automated printing of license 
 15.13  renewals, and such other similar services of a housekeeping 
 15.14  nature as are generally available to other agencies of state 
 15.15  government.  Investigative services shall be provided the boards 
 15.16  by employees of the office of attorney general.  The 
 15.17  commissioner of health with respect to the health-related 
 15.18  licensing boards shall provide mailing and office supply 
 15.19  services and may provide other facilities and services listed in 
 15.20  this subdivision at a central location upon request of the 
 15.21  health-related licensing boards.  The commissioner of commerce 
 15.22  with respect to the remaining non-health-related licensing 
 15.23  boards shall provide the above facilities and services at a 
 15.24  central location for the remaining non-health-related licensing 
 15.25  boards.  The legal and investigative services for the boards 
 15.26  shall be provided by employees of the attorney general assigned 
 15.27  to the departments servicing the boards.  Notwithstanding the 
 15.28  foregoing, the attorney general shall not be precluded by this 
 15.29  section from assigning other attorneys to service a board if 
 15.30  necessary in order to insure competent and consistent legal 
 15.31  representation.  Persons providing legal and investigative 
 15.32  services shall to the extent practicable provide the services on 
 15.33  a regular basis to the same board or boards. 
 15.34     Sec. 22.  Minnesota Statutes 2000, section 214.04, 
 15.35  subdivision 3, is amended to read: 
 15.36     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
 16.1   health-related board and the executive secretary of each 
 16.2   non-health-related board shall be the chief administrative 
 16.3   officer for the board but shall not be a member of the board.  
 16.4   The executive director or executive secretary shall maintain the 
 16.5   records of the board, account for all fees received by it, 
 16.6   supervise and direct employees servicing the board, and perform 
 16.7   other services as directed by the board.  The executive 
 16.8   directors, executive secretaries, and other employees of the 
 16.9   following boards shall be hired by the board, and the executive 
 16.10  directors or executive secretaries shall be in the unclassified 
 16.11  civil service, except as provided in this subdivision:  
 16.12     (1) dentistry; 
 16.13     (2) medical practice; 
 16.14     (3) nursing; 
 16.15     (4) pharmacy; 
 16.16     (5) accountancy; 
 16.17     (6) architecture, engineering, land surveying, landscape 
 16.18  architecture, geoscience, and interior design; 
 16.19     (7) barber examiners; 
 16.20     (8) cosmetology; 
 16.21     (9) electricity; 
 16.22     (10) teaching; 
 16.23     (11) peace officer standards and training; 
 16.24     (12) social work; 
 16.25     (13) marriage and family therapy; and 
 16.26     (14) dietetics and nutrition practice; and 
 16.27     (15) education leadership. 
 16.28     The executive directors or executive secretaries serving 
 16.29  the boards are hired by those boards and are in the unclassified 
 16.30  civil service, except for part-time executive directors or 
 16.31  executive secretaries, who are not required to be in the 
 16.32  unclassified service.  Boards not requiring full-time executive 
 16.33  directors or executive secretaries may employ them on a 
 16.34  part-time basis.  To the extent practicable, the sharing of 
 16.35  part-time executive directors or executive secretaries by boards 
 16.36  being serviced by the same department is encouraged.  Persons 
 17.1   providing services to those boards not listed in this 
 17.2   subdivision, except executive directors or executive secretaries 
 17.3   of the boards and employees of the attorney general, are 
 17.4   classified civil service employees of the department servicing 
 17.5   the board.  To the extent practicable, the commissioner shall 
 17.6   ensure that staff services are shared by the boards being 
 17.7   serviced by the department.  If necessary, a board may hire 
 17.8   part-time, temporary employees to administer and grade 
 17.9   examinations. 
 17.10     Sec. 23.  Minnesota Statutes 2000, section 214.12, 
 17.11  subdivision 1, is amended to read: 
 17.12     Subdivision 1.  [REQUIREMENTS.] The health-related and 
 17.13  non-health-related licensing boards may promulgate by rule 
 17.14  requirements for renewal of licenses designed to promote the 
 17.15  continuing professional competence of licensees.  These 
 17.16  requirements of continuing professional education or training 
 17.17  shall be designed solely to improve professional skills and 
 17.18  shall not exceed an average attendance requirement of 50 clock 
 17.19  hours per year.  All requirements promulgated by the boards 
 17.20  shall be effective commencing January 1, 1977, or at a later 
 17.21  date as the board may determine.  The 50 clock hour limitation 
 17.22  shall not apply to the board of teaching and board of education 
 17.23  leadership. 
 17.24     Sec. 24.  [TRANSFER OF POWERS AND DUTIES; RULES.] 
 17.25     (a) The powers, duties, and responsibilities of the 
 17.26  commissioner of children, families, and learning with respect to 
 17.27  supervisory personnel as defined in Minnesota Statutes, section 
 17.28  122A.15, subdivision 2, except for athletic coaches, are 
 17.29  transferred to the board of education leadership. 
 17.30     (b) The approval of licensure programs in supervision and 
 17.31  administration under Minnesota Rules 2000, part 3512.2500, must 
 17.32  expire by January 1, 2003.  Licensure programs in supervision 
 17.33  and administration must be approved under new rules adopted by 
 17.34  the board of education leadership beginning no later than 
 17.35  January 1, 2003. 
 17.36     Sec. 25.  [APPROPRIATION.] 
 18.1      $....... in fiscal year 2002 and $....... in fiscal year 
 18.2   2003 are appropriated from the general fund to the board of 
 18.3   education leadership.